26-2-54
Section 26-2-54 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Entry of decree or judgment as to contested application
upon rendition of verdict of jury. If, on the trial of the contest, the jury finds the facts
stated in the application to be true, the court must enter a decree revoking the proceedings
on the inquisition and the guardianship or conservatorship, and declaring that the ward must
be restored to the custody and management of his or her estate and must adjudge the costs
as is just and equitable, but if the verdict of the jury negatives the facts stated in the
application, a judgment of dismissal at the cost of the applicant or of the next friend must
be entered. (Code 1852, §2761; Code 1867, §3200; Code 1876, §2807; Code 1886, §2400; Code
1896, §2265; Code 1907, §4355; Code 1923, §8113; Code 1940, T. 21, §19; Acts 1987, No.
87-590, p. 975, §2-333(b).)...
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30-3-61
Section 30-3-61 Withholding order required in child support orders; employer to withhold support
from income due and pay to designee; income withholding order issued by another state; when
order served on employer; delinquency of support payments. (a) Any provision of Section 8-5-21,
to the contrary notwithstanding, any original decree, judgment, or order issued by a court
of this state for the payment of support, any decree or judgment entered pursuant to a petition
to modify an original decree or award of support, any decree or judgment of contempt of court
for failure to pay support as previously ordered by a court of this state, or any decree or
judgment for criminal or civil nonsupport shall include as a separate section a withholding
order subject to subsection (c) of this section directing any employer of the obligor to withhold
and pay over to the clerk of the court or the Department of Human Resources, or its designee,
whichever is appropriate, out of income due or to become...
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40-10-125
Section 40-10-125 Redeeming lots and parcels without redeeming entire property - How redeemed.
A person desiring to redeem any separate lot or parcel of land as authorized by Section 40-10-124
must file with the judge of probate an application in writing, under oath, setting forth the
date of the decree, the name of the defaulting taxpayer against whom the same was rendered,
the description and character of each lot or parcel of land included in the decree and the
assessed value thereof, if separately valued in the assessment or, if not separately valued,
stating that fact and stating the assessed value of the whole of the lands, a description
of the lot or parcel which the applicant seeks to redeem and, if not separately valued in
the assessment, stating the value thereof at the time of the assessment and the nature of
his interest in such lot or parcel; and such applicant must deposit with the judge of probate
a sum of money which bears the same proportion to the amount of taxes,...
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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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6-9-63
Section 6-9-63 Execution where defendant dead. After six months from the date of the grant
of letters testamentary or of administration on the estate of any defendant, in a judgment
for money, execution thereof may be had by leave of the court entering the judgment, or of
the judge thereof, upon cause shown, against any property on which said judgment was a lien
at the time of the death of the defendant, and a sale of such property may be made in the
same manner and with the same effect as if the defendant were living. In case of the death
of the defendant in a judgment for the recovery of real or personal property, execution may
be had without revival in the same manner as if the defendant had not died. (Code 1907, §4096;
Code 1923, §7811; Code 1940, T. 7, §524.)...
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11-42-65
Section 11-42-65 Hearings on contests as to right to tax; rendition of decree as to taxation
of property. (a) As to each cause against a property owner who filed a contest, the judge
of probate may set the same for hearing at such time as he sees fit, and on the hearing shall
hear such evidence as is introduced by either the property owner or the city and shall determine
as to whether or not the facts which authorize the property to be taxed by the city under
the terms of this article did or did not exist at the time the certified resolution was passed
by the board or governing body of the city. (b) If the judge of probate decides that the requisite
facts did exist at the time of the passing of the resolution, he shall render a decree adjudging
that thereafter the land and property having a situs thereon (described in the decree) shall
be subject to taxation by the city and that taxes thereon shall thereafter be paid to the
city. If the judge of probate decides that the requisite facts...
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12-13-4
Section 12-13-4 Where cases, etc., may be heard, etc., in counties where terms of court held
in places other than county seat. In all counties in this state where terms of the probate
court are held at places other than the county seat, the probate courts of such counties may
try any case, sign any order, judgment or decree arising in said county and hear and determine
any matter, case or proceedings at any time at either the county seat or at any place other
than the county seat where such matter, case or proceedings may be legally heard, tried or
determined. (Acts 1931, No. 446, p. 540; Code 1940, T. 13, §296.)...
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17-16-59
Section 17-16-59 Judgment of court. If, on the trial of the contest of any election, either
before the judge of probate or the circuit court, it shall appear that any person other than
the one whose election is contested, received or would have received, had the ballots intended
for the person and illegally rejected been received, the highest number of legal votes, judgment
must be given declaring such person duly elected, and such judgment shall have the force and
effect of investing the person thereby declared elected, with full right and title to have
and to hold the office to which the person is declared elected. If it appears that two or
more persons have, or would have had, if the ballots intended for them and illegally rejected
had been received, the highest and equal number of votes for such office, judgment must be
entered declaring the fact, and such fact must be certified to the officer having authority
to fill vacancies in the office the election to which was contested. If...
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43-2-620
Section 43-2-620 Orders of distribution - Generally. On the final settlement of an estate,
the court may make such orders of distribution as may be necessary, and, on the confirmation
of the same, may render a decree thereon, and the property must be delivered according to
such decree; or, if there is money only to be divided, it may render a decree in favor of
each distributee entitled to the same, for his distributive share, against the executor or
administrator. (Code 1852, §1822; Code 1867, §2158; Code 1876, §2530; Code 1886, §2161;
Code 1896, §229; Code 1907, §2710; Code 1923, §5948; Code 1940, T. 61, §350.)...
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11-17-8
Section 11-17-8 Appeals from assessment of damages - Bond. Any person desiring to appeal as
provided for in this chapter shall execute a bond in an amount to be fixed by the probate
judge and payable to him for the use of any person injured, conditioned to prosecute such
appeal to effect and to pay or perform such judgment as may be entered against him in the
probate court, which bond must be approved by the probate judge. (Code 1907, §93; Code 1923,
§98; Code 1940, T. 12, §215.)...
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