6-10-36
Section 6-10-36 Contest of exemption claim - Assessment of value of property and damages resulting
from detention on bond; judgment and execution on bond. When bond has been executed by the
plaintiff or defendant for the forthcoming of the property in contest, the value of the property,
and the damages resulting from its detention must be assessed by the court or jury trying
the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property
and pay the damages as required by the condition of the bond, it shall be the duty of the
sheriff to make due return of that fact; and, upon such return being made, the bond shall
have the force and effect of a judgment, and execution may issue thereon against the obligors
on the bond for the value of the property and the damages assessed, or either, and costs.
(Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code 1923, §7907;
Code 1940, T. 7, §650.)...
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6-10-97
Section 6-10-97 Reduced homestead incapable of allotment - Sale - Proceedings when no bid in
excess of $6,000 received. (a) If, at such sale or any subsequent sale, no bid in excess of
$6,000 is received, the representative must report that fact to the court; and thereupon the
court must make an order directing the report to lie over 30 days, during which time any person
interested in the sale may file written exceptions attacking the fairness of the sale, stating
the grounds of such exceptions. Upon the filing of such exceptions, a day must be appointed
to hear the same, 10 days' notice thereof given and other proceedings had as provided in this
division for the hearing of exceptions to a report allotting homestead, so far as such provisions
are applicable. (b) If, on the hearing of such exceptions, the court is satisfied from the
evidence that the failure to obtain a bid of more than $6,000 was due to a want of fairness
in the conduct of the sale or to fraud or collusion thereat, an...
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23-1-82
Section 23-1-82 County commissions - Eminent domain. The county commissions of the several
counties of the state are given the right of eminent domain for the purpose of establishing
and changing public roads, bridges, and ferries in their respective counties, except in cases
where the State Department of Transportation has jurisdiction over such highways. When an
appeal is taken from any assessment in a condemnation proceeding brought by a county, such
appeal shall not deprive the county obtaining the judgment of condemnation of a right of entry
for any and all purposes named in the condemnation proceeding provided the amount of damages
assessed shall have been paid into court in money and a bond shall have been given in not
less than double the amount of damages assessed, with good and sufficient sureties, to be
approved by the clerk of the court to which the appeal is taken, conditioned to pay such damages
as the owner of the property may sustain. Said amount of damages may be paid...
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18-3-2
Section 18-3-2 Right-of-way through yard, garden, orchard, etc.; payment of compensation and
damages for right-of-way. In the establishment and condemnation of such right-of-way, no road
or right-of-way shall be established through any person's yard, garden, orchard, stable lot,
stable, gin house or curtilage without the consent of the owner; and the applicant must pay
the owner for the value of the land taken and compensation for damage to the land, through
which said right-of-way is established, resulting from the establishment of such road or right-of-way.
(Acts 1919, No. 679, p. 982; Code 1923, §7530; Code 1940, T. 19, §57.)...
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18-3-21
Section 18-3-21 Right-of-way through yard, garden, orchard, etc.; payment of compensation and
damages for right-of-way. In the establishment and condemnation of such right-of-way, no road
or right-of-way shall be established through any person's yard, garden, orchard, stable lot,
stable, gin house or curtilage without the consent of the owner; and the applicant must pay
the owner for the value of the land taken and compensation for damage to the land, through
which said right-of-way is established, resulting from the establishment of such road or right-of-way.
(Acts 1927, No. 475, p. 520; Code 1940, T. 19, §60.)...
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35-6-124
Section 35-6-124 Appeals. Any of the parties, within 10 days thereafter, may appeal to the
circuit or Supreme Court from the decree of partition or sale, or from a decree confirming
or setting aside the commissioners' report, under the regulations governing appeals in other
cases from decrees of the probate court to the circuit or Supreme Court; and such decree may
be superseded pending the appeal by the appellant, on giving bond in double the amount of
the value of the interests of the other parties in the crops, with sufficient surety, to be
approved by the judge of probate, and with condition to have the crops forthcoming to abide
the decree to be finally rendered in the cause, and in the event of his failure to do so,
to pay all costs and damages arising therefrom. (Code 1876, §3530; Code 1886, §3279; Code
1896, §3204; Code 1907, §5250; Code 1923, §9354; Code 1940, T. 47, §247.)...
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11-47-173
Section 11-47-173 Right of entry of municipality pending appeal. When an appeal is taken from
any preliminary assessment as provided for in subsection (c) of Section 11-47-172, such appeal
shall not deprive the municipal corporation obtaining the judgment of condemnation from a
right of entry for any or all of the purposes provided for in Section 11-47-171 or subsection
(a) of Section 11-47-172; provided, that the amount of damages assessed shall be paid into
court in money and a bond shall be given in not less than double the amount of damages assessed,
with good and sufficient sureties, to be approved by the clerk of the court to which the appeal
is taken, conditioned to pay such damages as the owner of the property may sustain. (Code
1907, §1442; Code 1923, §2298; Code 1940, T. 37, §510.)...
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43-2-707
Section 43-2-707 Declaration of insolvency. If no person contests the correctness of the report
or if the issue is decided against contestant, the court must declare the estate insolvent
and must make an order for the executor or administrator on a day therein named, not less
than 30 nor more than 60 days therefrom, to appear and make a settlement of his administration;
and of such order, and of the day appointed for such settlement, notice must be given by the
judge of probate as is required by section 43-2-704. (Code 1852, §§1838, 1839; Code 1867,
§§2187, 2188; Code 1876, §§2559, 2560; Code 1886, §2230; Code 1896, §298; Code 1907,
§2763; Code 1923, §6002; Code 1940, T. 61, §389.)...
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6-11-3
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's fees;
periodic payments over period of years; specific findings; evidence of financial ability to
make payments; evidence of present value inadmissible. Where the damages assessed against
a defendant by the trier of fact include an award of future damages, the trial court shall
comply with the following in rendering its judgment in the case: (1) Judgment shall be entered
against the defendant for all past damages and punitive damages assessed against the defendant
by the trier of fact. (2) If the award of future damages assessed by the trier of fact is
$150,000 or less, the trial court shall enter judgment against the defendants for the amount
of such future damages. (3) If the award of future damages assessed by the trier of fact is
greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall
be entered against the defendant for $150,000 of such future damage. b. If,...
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12-22-72
Section 12-22-72 Affirmation of stayed judgment - Generally. When a judgment or decree is entered
or rendered for money, whether debt or damages, and the same has been stayed on appeal by
the execution of bond, with surety, if the appellate court affirms the judgment of the court
below, it must also enter judgment against all or any of the obligors on the bond for the
amount of the affirmed judgment, and the costs of the appellate court; and, upon the appeal
of any judgment or decree entered or rendered for any amount of commissions, fees or compensation
fixed or determined by the trial court and taxed or allowed as costs, if the appellate court
affirms the judgment or decree of the court below and the payment thereof has been stayed
on such appeal, judgment shall be entered by the appellate court against all or any of the
obligors on the bond for the amount affirmed, and the costs of the appellate court; provided,
however, that if no supersedeas bond has been executed on such appeal,...
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