43-2-533
Section 43-2-533 Setting aside decree. If, however, such executor or administrator appears
and files his accounts and vouchers for settlement and pays such costs as have accrued upon
the proceedings had under sections 43-2-530 through 43-2-532, the court may set aside such
decree and proceed as if none had been rendered. (Code 1852, §1820; Code 1867, §2156; Code
1876, §2527; Code 1886, §2158; Code 1896, §226; Code 1907, §2689; Code 1923, §5922; Code
1940, T. 61, §319.)...
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43-2-640
Section 43-2-640 Authorization to make distribution - Distribution by executor or administrator.
When the executor or administrator is satisfied that the estate is solvent, he may, after
six months from the date of the grant of letters testamentary or of administration, make distribution
of the whole or any part of the property without obtaining an order of court, or he may so
report it and obtain an order of distribution as to the whole, or any part of the property;
but, in such case, if the distribution or the order is made before a final settlement of such
estate, neither the distribution, the order, nor the proceedings thereon are a defense in
any action brought against such executor or administrator as such. (Code 1852, §1771; Code
1867, §2097; Code 1876, §2474; Code 1886, §2191; Code 1896, §259; Code 1907, §2724; Code
1923, §5963; Code 1940, T. 61, §365; Acts 1949, No. 614, p. 945.)...
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43-2-83
Section 43-2-83 Discharge of surety; new bond. (a) Upon the application in writing of any surety
or sureties upon the bond of an executor or administrator requesting to be discharged from
any future liability as such surety or sureties, or upon the application in writing of the
personal representative or of an heir or devisee of a deceased surety upon such bond
requesting that the estate of such deceased surety be discharged from future liability by
reason of such suretyship, the court shall give to such executor or administrator notice of
such application and require him, within 15 days after the service of the notice, to make
a new bond; and upon the failure to make such bond, such executor or administrator shall be
removed and his letters revoked; and upon such removal he shall make settlement of his administration.
Any number of persons having the right to make application under this section may join in
the application. (b) When a new bond is given under subsection (a) of this...
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43-2-88
Section 43-2-88 When sureties discharged by additional bond. When an additional bond is given
on the application of the surety of an executor or administrator, such surety is discharged
as to all breaches subsequent to the execution and approval of the additional bond. (Code
1852, §1715; Code 1867, §2036; Code 1876, §2405; Code 1886, §2057; Code 1896, §104; Code
1907, §2551; Code 1923, §5773; Code 1940, T. 61, §107.)...
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15-21-10
Section 15-21-10 Writ not to be disobeyed for want of form or misdescription; writ presumed
addressed to recipient. A writ of habeas corpus must not be disobeyed on account of any want
of form or any misdescription of the person to whom it is addressed, and it must be presumed
to have been addressed to the person on whom it is served, notwithstanding any mistake in
the name or address. (Code 1852, §717; Code 1867, §4268; Code 1876, §4944; Code 1886, §4768;
Code 1896, §4821; Code 1907, §7016; Code 1923, §4314; Code 1940, T. 15, § 10.)...
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18-1A-283
Section 18-1A-283 Appeal from order of condemnation. Any of the parties may appeal from the
order of condemnation to the circuit court of the county within 30 days from the making of
the order of condemnation by filing in the probate court rendering that judgment a written
notice of appeal, a copy of which shall be served on the opposite party or his attorney, and
on such appeal, the trial shall be de novo, and it shall be necessary to send up the proceedings
only as to the parties appearing or against whom an appeal is taken. (Acts 1985, No. 85-548,
p. 802, §1614.)...
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28-4-229
Section 28-4-229 Fees and allowances of officers executing writs of seizure; payment of costs
in proceedings. There shall be allowed the officer making the seizure under a writ issued
under Sections 28-4-225 and 28-4-226 in an injunction proceeding the sum of $3.00 and the
sum of $.10 for every mile traveled in making the seizure, together with such reasonable sum
as the court may deem just for necessary expenses incurred in transporting and providing storage
for liquors and beverages and other movable property seized, all which costs shall be taxed
in the bill of costs and, if not collected from a defendant, then shall be taxed and paid
as in criminal prosecutions in which the state fails. The costs in such injunction proceedings,
unless charged against some party defendant by the court and collected from him, shall be
paid as in criminal actions in which the state fails, upon the court making an order to that
effect. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,...
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34-25-23
Section 34-25-23 Nonresident applicants. (a) Each nonresident applicant for an original license
or a renewal license shall file with the board an irrevocable consent that actions against
the applicant may be filed in any appropriate court of any county or municipality of this
state in which the plaintiff resides or in which some part of the transaction occurred out
of which the alleged cause of action arose and that process on any such action may be served
on the applicant by leaving two copies thereof with the board. Such consent shall stipulate
and agree that such service of process shall be taken and held to be valid and binding for
all purposes. The board shall send forthwith one copy of the process to the applicant at the
address shown on the records of the board by registered or certified mail. (b) Nonresident
applicants must satisfy the requirements of Section 34-25-21. (Acts 1971, No. 2056, p. 3307,
§10; Acts 1989, No. 89-269, p. 416, §3.)...
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43-2-150
Section 43-2-150 Enforcement of judgments, etc., of probate court against representatives -
Generally. All judgments, orders, and decrees of the probate court against an executor or
administrator for the payment of money may be enforced by execution or by process of garnishment,
which may issue in like cases and manner as it may issue on judgments in circuit courts, and
may, in like manner, be prosecuted to judgment against the garnishee; for the delivery of
personal property, by attachment or a special order to the sheriff, requiring him to
take such property and deliver the same according to the judgment, order or decree; for the
possession of land, by a writ to the sheriff against the executor or administrator, requiring
him to put the heir or devisee in possession of the same. (Code 1852, §1921; Code 1867, §2280;
Code 1876, §2618; Code 1886, §2276; Code 1896, §345; Code 1907, §2812; Code 1923, §6051;
Code 1940, T. 61, §128.)...
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43-2-200
Section 43-2-200 Liability of sureties to execution. Upon the return of an execution as provided
in section 43-2-199 and, further, that no property of such executor or administrator, or property
not sufficient to satisfy the same, is found in the county in which the execution is issued,
the sureties on his bond shall be liable in all respects as in cases of a return of no property
found on executions issued against resident executors or administrators. (Code 1876, §2383;
Code 1886, §2042; Code 1896, §88; Code 1907, §2564; Code 1923, §5787; Code 1940, T. 61,
§149.)...
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