6-6-101
Section 6-6-101 Forfeiture of bond; execution on bond. When the property replevied is not delivered
in 30 days after judgment against the defendant in attachment, the sheriff shall return the
bond forfeited, and execution must be issued thereon against the principal and sureties for
the amount of the value of the property replevied, as fixed by the sheriff or other officer
making the levy, with interest thereon from the date of the bond and for the cost of the replevy
and of the execution, unless such value is greater than the amount of the judgment against
the defendant, in which case the execution shall be for the amount of such judgment and costs.
(Code 1852, §2538; Code 1867, §2966; Code 1876, §3291; Code 1886, §2965; Code 1896, §556;
Code 1907, §2956; Code 1923, §6204; Code 1940, T. 7, §877.)...
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6-6-353
Section 6-6-353 Proceedings when determination is against appellant. In cases of forcible entry
or unlawful detainer, the judgment, if against the appellant, must be entered in the circuit
court against him and the sureties on the appeal or certiorari bond, including the costs in
the inferior and circuit courts, and if the appeal or certiorari was sued out by the defendant
and a supersedeas bond was executed, a writ of restitution or possession must be awarded and
judgment must also be entered against the defendant and the sureties on his supersedeas bond
for the value of the rent of the premises pending the appeal. (Code 1852, §§2866, 2867;
Code 1867, §§3315, 3316; Code 1876, §§3712, 3713; Code 1886, §3411; Code 1896, §2146;
Code 1907, §4282; Code 1923, §8023; Code 1940, T. 7, §986.)...
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6-6-682
Section 6-6-682 Judgment in favor of clerk of appellate court; copy of execution and certification
of clerk as evidence. (a) Judgment must, in like manner, be entered in favor of the clerk
of an appellate court against the sheriff or coroner, on three days' notice: (1) For failure
to return an execution from that court; (2) For making a false return thereon; (3) For failing
to make the money thereon when by due diligence it could have been made; or (4) For failing
on demand to pay over money collected on execution, for the penalties prescribed in this division
for the same defaults on executions issued from the circuit court. (b) On the trial of the
motion by such clerk, a copy of the execution made and certified by him with the return thereon,
if any was made, or a statement that no return was made, if such be the fact, together with
his certificate that the execution was received by the sheriff or sent to him by mail is evidence
of the facts so certified, without producing a...
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11-88-78
Section 11-88-78 Issuance of execution on appeal bond and sale of property assessed when final
judgment entered in favor of authority. In the event the final judgment is entered in favor
of the authority, execution may be issued thereon against the principal and sureties on the
appeal bond, unless the amount of the judgment is paid within 30 days from the date of such
judgment, and the court shall, by further order, direct that the property assessed be sold
to satisfy such judgment. Nothing contained in this article shall operate to release or discharge
the lien on such property, unless the assessment is fully paid. (Acts 1973, No. 826, p. 1293,
§39.)...
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43-2-297
Section 43-2-297 Costs. If the application is determined against the applicant, he, otherwise
the executor or administrator, must be taxed with the costs, for which execution may be issued.
(Code 1852, §1705; Code 1867, §2026; Code 1876, §2395; Code 1886, §2051; Code 1896, §98;
Code 1907, §2572; Code 1923, §5795; Code 1940, T. 61, §185.)...
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43-2-331
Section 43-2-331 Extension of time upon showing of good cause. Whenever any executor or administrator
has kept an estate together, under the order of the probate court, for 10 years, the time
may be extended annually, upon application and good cause shown, if the court is of the opinion
that the interest of such estate demands such extension. (Code 1867, §4431; Code 1876, §2603;
Code 1886, §2211; Code 1896, §279; Code 1907, §2744; Code 1923, §5983; Code 1940, T. 61,
§199.)...
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11-42-69
Section 11-42-69 Trial and entry of judgment by circuit court; appeals from judgment of circuit
court; endorsement on map by probate judge where no appeal from judgment of probate court.
(a) If on the trial in the circuit court it be adjudged that the requisite facts did exist
subjecting the land and property having a situs thereon to taxation by the city, a judgment
shall be entered adjudging that the land and property having a situs thereon be, and the same
is, subject to taxation by the city and that the taxes thereon shall be paid to the city.
If it be adjudged that the requisite facts did not exist, a judgment shall be entered adjudging
that the land and property having a situs thereon is not subject to taxation by the city,
and the cost of appeal and of contest shall be adjudged against the losing party. (b) Either
the city or the property owner may appeal from the judgment of the circuit court to the supreme
court within the time and in the same manner as is provided by the...
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12-13-48
Section 12-13-48 Payment to probate judge of money due on decree upon settlement by executor,
administrator, etc.; duty of judge as to payment of money to person entitled thereto and liability
for failure to perform duty. Money due on decrees for the payment of money rendered against
any executor, administrator or guardian on a partial or final settlement may be paid to the
probate judge, and it shall be his duty to pay over the same to the person entitled thereto
on demand upon proper proof of identity or authority; and, for failure to do so, he shall
incur a penalty in favor of the person entitled to the money of 10 percent damages, which,
together with the money received and interest thereon, may be recovered by civil action on
his bond. (Code 1867, §793; Code 1876, §699; Code 1886, §792; Code 1896, §3369; Code 1907,
§5427; Code 1923, §9588; Code 1940, T. 13, §293.)...
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12-13-9
Section 12-13-9 Powers of probate court as to punishment for contempt. (a) The probate court
may issue show cause orders and attachment for contempts offered to the court or its process
by any executor, administrator, guardian, or other person and may punish the person by a fine
not exceeding twenty dollars ($20) and imprisonment not exceeding 24 hours, or both. (b) In
all cases or other proceedings in the probate court of a county where the judge of probate
is a licensed attorney in this state, the judge of probate shall have the same power to punish
for civil contempt as granted to a judge of the circuit court pursuant to Section 12-11-30
or other law or as provided by the common law of this state. (Code 1852, §671; Code 1867,
§791; Code 1876, §694; Code 1886, §788; Code 1896, §3364; Code 1907, §5420; Code 1923,
§9580; Code 1940, T. 13, §279; Act 2017-388, §1.)...
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12-22-74
Section 12-22-74 Affirmation of stayed judgment - Recovery of chattels in specie. Upon the
affirmance of a judgment for the recovery of chattels in specie, judgment for which has been
stayed by the execution of a supersedeas bond, the court must also enter judgment against
the obligors in said bond for 10 percent of the alternative value of such property as fixed
by the court below, and the damages fixed for the detention thereof. (Code 1852, §3027; Code
1867, §3495; Code 1876, §3936; Code 1886, §3664; Code 1896, §480; Code 1907, §2895; Code
1923, §6155; Code 1940, T. 7, §816.)...
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