28-4-268
Section 28-4-268 Answer by persons claiming right, title, etc., in liquors and beverages, etc.,
seized. At the time and place specified in the notice, any person claiming any right, title
or interest in the liquors and beverages and vessels and receptacles seized under such warrant
may interpose a verified answer controverting the allegations of the complaint upon which
said warrant was issued and controverting the ground or grounds upon which the warrant was
issued, and such person shall propound in such answer what right, title or interest he claims
in the liquors and beverages or vessels and receptacles seized. (Acts 1909, No. 191, p. 63;
Acts 1915, No. 2, p. 8; Code 1923, §4756; Code 1940, T. 29, §225.)...
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40-10-133
Section 40-10-133 Notice to former owner of application to purchase land bid in by state. When
application is made to the Land Commissioner by any person to purchase lands in which such
person had no interest, the Land Commissioner shall mail a notice in writing to the owner,
or some person having an interest in such land, if his place of residence is known, or, if
not known, then to the judge of probate of the county in which such lands are situated, informing
him that such application has been made and fixing a reasonable time within which such owner
or such other person having an interest in the lands may redeem the same. The judge of probate
shall cause the notice to be posted at the courthouse, and he shall mail a copy of said notice
to the owner, if known to him; and if such lands are not redeemed within the time so fixed,
the same shall be sold to the applicant or any other person desiring to purchase the same
without other or further notice to such owner or persons having an...
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43-8-190
Section 43-8-190 Who may contest will; filing objections; making up issue; trial by jury. A
will, before the probate thereof, may be contested by any person interested therein, or by
any person, who, if the testator had died intestate, would have been an heir or distributee
of his estate, by filing in the court where it is offered for probate allegations in writing
that the will was not duly executed, or of the unsoundness of mind of the testator, or of
any other valid objections thereto; and thereupon an issue must be made up, under the direction
of the court, between the person making the application, as plaintiff, and the person contesting
the validity of the will, as defendant; and such issue must, on application of either party,
be tried by a jury. (Code 1852, §1634; Code 1867, §1953; Code 1876, §2317; Code 1886, §1989;
Code 1896, §4287; Code 1907, §6196; Code 1923, §10625; Code 1940, T. 61, §52; Code 1975,
§43-1-70.)...
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6-5-143
Section 6-5-143 Venue; filing of complaint; application for preliminary injunction. (a) Such
action shall be commenced in the circuit court of the county in which the property is located.
(b) At or before the commencement of the action, a verified copy of the complaint alleging
the facts constituting the nuisance shall be filed in the office of the probate judge of the
county, together with a notice of the pendency of the action, containing the name of the court,
the names of the parties, the object of the action, and a brief description of the property
affected thereby. The probate judge shall be paid the usual fee for recording such lis pendens
and shall immediately record such notice. (c) After the filing of the complaint, application
for a preliminary injunction may be made to the circuit court, a judge thereof or any judge
authorized by the laws of the state to make an order for a preliminary injunction, who shall
grant a hearing thereon within 10 days thereafter. (Acts 1919, No....
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15-5-5
Section 15-5-5 Issuance of warrant. If the judge or the magistrate is satisfied of the existence
of the grounds of the application or that there is probable ground to believe their existence,
he must issue a search warrant signed by him and directed to the sheriff or to any constable
of the county, commanding him forthwith to search the person or place named for the property
specified and to bring it before the court issuing the warrant. (Code 1852, §830; Code 1867,
§4381; Code 1876, §4010; Code 1886, §4731; Code 1896, §5488; Code 1907, §7761; Code 1923,
§5475; Code 1940, T. 15, §104.)...
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18-2-5
Section 18-2-5 Issuance of writ upon filing of application. On the filing of such application,
the judge of probate must issue to the sheriff a writ, setting forth the substantial averments
contained in the application, the name of the applicant and the place where it is proposed
to erect the dam and commanding the sheriff to summon seven disinterested freeholders of the
county to meet at the place where the dam is to be erected, on a day to be specified in the
writ, not less than 15 nor more than 30 days after the filing of the application, and then
and there to inquire touching the matter contained therein. (Code 1852, §2094; Code 1867,
§2486; Code 1876, §3560; Code 1886, §3187; Code 1896, §1732; Code 1907, §3893; Code 1923,
§7512; Code 1940, T. 19, §38.)...
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43-2-87
Section 43-2-87 Additional bond of sheriff. When the administration of any estate is committed
to the sheriff, the judge of probate, at such time or at any time thereafter, while the administration
is in the hands of such officer, may require of him an additional bond if, in his opinion,
the official bond of such officer is not sufficient security for the protection of the estate;
and if he fails to give such additional bond for 10 days after notice that the same is required,
he vacates his office, and the judge of probate must certify the vacancy to the appointing
power. (Code 1852, §1712; Code 1867, §2033; Code 1876, §2402; Code 1886, §2056; Code 1896,
§103; Code 1907, §2550; Code 1923, §5772; Code 1940, T. 61, §106.)...
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9-16-88
Section 9-16-88 Permits - Review and appeal of applications. (a) At the time of submission
of an application for a surface coal mining and reclamation permit, or revision of an existing
permit, pursuant to the provisions of this article, the applicant shall submit to the regulatory
authority a copy of his advertisement of the ownership, precise location, and boundaries of
the land to be affected. At the time of submission such advertisement shall be placed by the
applicant in a local newspaper of general circulation in the locality of the proposed surface
mine at least once a week for four consecutive weeks. The regulatory authority shall notify
various local governmental bodies, planning agencies, and sewage and water treatment authorities
or water companies in the locality in which the proposed surface mining will take place, notifying
them of the operator's intention to surface mine a particularly described tract of land and
indicating the application's permit number and where a...
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9-16-96
Section 9-16-96 Designation of areas unsuitable for surface coal mining; right to petition;
review and public hearing; areas exempt from mining operations. (a)(1) The regulatory authority
shall establish a planning process enabling objective decisions based upon competent and scientifically
sound data and information as to which, if any, land areas of the state are unsuitable for
all or certain types of surface coal mining operations pursuant to the standards set forth
in subdivisions (2) and (3) of this subsection but such designation shall not prevent the
mineral exploration pursuant to the article of any area so designated. (2) Upon petition pursuant
to subsection (c) of this section, the regulatory authority shall designate an area as unsuitable
for all or certain types of surface coal mining operations if the regulatory authority determines
that reclamation pursuant to the requirements of this article is not technologically and economically
feasible. (3) Upon petition pursuant to...
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11-2-7
Section 11-2-7 Discharge of sureties on bonds. Any person or corporation who is surety upon
the official bond of any county official or county employee may discharge himself or itself
of the suretyship upon making sworn application in writing addressed to the official, county
commission, board, or commission required to approve the bonds, setting forth the reason for
requesting discharge. Upon the filing of the application, the official, board, or commission
to whom the application is addressed shall forthwith cause personal written notice to be served
upon the county official or county employee as principal fixing a day not less than 15 nor
more than 30 days after the date of the filing of the application requiring the county official
or county employee to provide a new bond. Upon the failure of the county official or county
employee to provide the bond within the time specified in the notice, he or she vacates his
or her office or employment, and the official, county commission,...
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