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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43-2-154
Section 43-2-154 Purchase of property sold under execution. The executor or administrator of
any decedent may purchase for the estate property sold under any judgment of the circuit court
or under any execution in his favor as such executor or administrator. (Code 1886, §2281;
Code 1896, §350; Code 1907, §2817; Code 1923, §6056; Code 1940, T. 61, §133.)...
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43-2-253
Section 43-2-253 Enforcement of decree or judgment for recovery of property. When such decree
or judgment is for the recovery of real or personal property and the estate has no
executor or administrator, no writ of possession or other writ for the enforcement of such
decree or judgment shall issue thereon until there shall be some person duly authorized under
the laws of this state to receive the possession of such property, and then such writ shall
issue in favor of such person. (Code 1876, §2627; Code 1886, §2286; Code 1896, §355; Code
1907, §2821; Code 1923, §6060; Code 1940, T. 61, §168.)...
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17-16-62
Section 17-16-62 Appeals - Costs. On the taking of an appeal as provided in Section 17-16-61,
the appellant must give bond and security for the costs thereof to be approved by the judge
of probate or clerk of the circuit court, as the appeal may be taken from the judgment of
the judge of probate or circuit court, and the appeal bond must be certified with the record
to the appellate court, and if judgment is entered confirming the judgment of the judge of
probate or of the circuit court, the Supreme Court must render judgment against the appellant
and his or her sureties for the costs. An appeal in any and all cases suspends the execution
of the judgment or decree of the judge of probate or of the circuit court. (Code 1896, §1703;
Code 1907, §477; Code 1923, §567; Code 1940, T. 17, §253; §17-15-35; amended and renumbered
by Act 2006-570, p. 1331, §83.)...
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43-2-812
Section 43-2-812 Judgment certified to probate court; execution for costs. If such judgment
is for the plaintiff, and it is shown to the court that such estate has been declared insolvent,
an order must be made to the effect that no execution issue on such judgment, but that the
same be certified to the proper probate court. Upon a certified copy of such judgment being
filed as a claim against the estate, it must be allowed with the costs against such estate,
unless shown to have been obtained by collusion; and when such judgment is certified, the
clerk may demand of the plaintiff payment of all costs incurred in obtaining the same. If
the plaintiff fails for 20 days after the judgment is so certified to pay such costs, execution
may issue against him for the same as in other cases. (Code 1852, §1860; Code 1867, §2209;
Code 1876, §2581; Code 1886, §2251; Code 1896, §319; Code 1907, §2795; Code 1923, §6034;
Code 1940, T. 61, §421.)...
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6-9-27
Section 6-9-27 Execution against plaintiff for costs. When execution against the defendant
is returned "no property found," execution may issue against the plaintiff, in the
name of the clerk or the register of the court, for all the costs created by him in obtaining
his judgment. (Code 1852, §2431; Code 1867, §2846; Code 1876, §3188; Code 1886, §2891;
Code 1896, §1889; Code 1907, §4090; Code 1923, §7805; Code 1940, T. 7, §518.)...
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15-6-26
Section 15-6-26 Prosecution costs; execution for collection. In all cases where a person is
required to keep the peace, the circuit, district or municipal court judge may order the costs
of the prosecution, or any part thereof, to be paid judge other than a judge of an appellate
or circuit court issue for the collection of the same. (Code 1852, §418; Code 1867, §3967;
Code 1876, §4037; Code 1886, §4691; Code 1896, §5172; Code 1907, §7531; Code 1923, §5149;
Code 1940, T. 15, §412.)...
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43-2-153
Section 43-2-153 Enforcement of judgment of circuit court against representative. When any
judgment is entered in the circuit court against any executor or administrator, as such, and
an execution thereon has been returned "no property" by the sheriff or other officer
of the county in which such judgment was entered, an execution may issue against the executor
or administrator personally, to be levied on his goods and chattels, lands and tenements.
(Code 1852, §1923; Code 1867, §2282; Code 1876, §2620; Code 1886, §2278; Code 1896, §347;
Code 1907, §2814; Code 1923, §6053; Code 1940, T. 61, §130.)...
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43-2-256
Section 43-2-256 Compensation of administrator ad litem. Such administrator ad litem must be
allowed for his services such compensation as the judge of probate or judge of the circuit
court appointing him may direct, to be taxed and collected as part of the costs of the proceedings,
either out of the estate represented by him, or out of the general fund administered therein
or out of any party to the action who may be taxed therewith, as the court may direct. (Code
1876, §2630; Code 1886, §2289; Code 1896, §358; Code 1907, §2824; Code 1923, §6063; Code
1940, T. 61, §171.)...
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43-2-585
Section 43-2-585 Enforcement of payment or delivery. If the legacy is not payable in money,
the value thereof as ascertained under section 43-2-584 must be entered of record; and, if
the amount directed to be paid or the property directed to be delivered is not paid or delivered
within 60 days after such order, an execution may issue for such amount or the value of such
property against such executor or administrator and his sureties. (Code 1852, §1777; Code
1867, §2104; Code 1876, §2481; Code 1886, §2197; Code 1896, §265; Code 1907, §2741; Code
1923, §5980; Code 1940, T. 61, §340.)...
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