11-42-66
Section 11-42-66 Appeals from judgment of probate judge - Filing; security for costs; right
to jury trial. The property holders of the city shall have the right to appeal from the judgment
of the judge of probate to the circuit court of the county in which the land is situated,
within 10 days from the rendition of the judgment by the judge of probate, the property owner
giving security for cost of appeal, to be approved by the judge of probate, if the appeal
is taken by the property owner. On an appeal taken by either party, the action shall be entered
on the trial docket and tried de novo in the circuit court, without a jury unless a trial
by jury is demanded by the party taking the appeal by serving upon the other party a demand
therefor in writing not less than 10 days after filing the notice of appeal or unless a trial
by jury is demanded by the other party in the action by serving a demand therefor in writing
upon the other party within 10 days from the time that notice of such...
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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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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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6-6-544
Section 6-6-544 Filing of judgment. The register or clerk shall, within 30 days from the entry
of a judgment under this division, file the same or a certified transcript thereof for record
in the probate court of the county in which the land lies and tax the expense thereof in the
costs of the case. The probate judge shall record the judgment in the same book and manner
in which deeds are recorded and index the names of defendants or parties against whom the
relief is granted in the direct index and the names of the plaintiffs or parties quieted in
possession of the land in the reverse index. (Code 1907, §5447; Code 1923, §9909; Code 1940,
T. 7, §1113.)...
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11-42-68
Section 11-42-68 Appeals from judgment of probate judge - Transmittal of papers to clerk of
circuit court; withdrawal of map and certified resolution from files of probate judge for
use in circuit court. If an appeal is taken, the judge of probate shall transmit all papers
in the action, except the map and certified resolution, to the clerk of the court to which
the appeal is taken, and such map and certified resolution, after the same have been recorded
by the judge of probate as provided in this article, may be withdrawn from the file in the
judge of probate's office by either party for use in the trial of the action in the circuit
court, but must be returned to the judge of probate immediately after the trial of said action
in the circuit court. (Code 1907, §1101; Code 1923, §1795; Code 1940, T. 37, §164.)...

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26-13-7
Section 26-13-7 Filing of copy of judgment with probate court; recordation, etc., of judgment
by probate judge. Every minor relieved of the disabilities of nonage under the provisions
of this chapter must file a certified copy of the judgment relieving him from such disabilities
in the office of the judge of probate in each of the counties in which such minor shall thereafter
reside and in the office of the judge of probate of each county in the state where such minor
shall do any business or make any contracts. It shall be the duty of the judge of probate
to record the judgment and keep the same for the inspection of the public. (Code 1876, §2741;
Code 1886, §2363; Code 1896, §835; Code 1907, §4511; Code 1923, §8286; Code 1940, T. 27,
§19.)...
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26-8-23
Section 26-8-23 Preparation, certification, and filing of record of proceedings; grant of guardianship
or conservatorship and filing of transcript thereof; removal; powers of guardian or conservator
as to recovery, receipt, etc., of property of minor or ward. If the removal authorized is
of the person and property of the minor or ward, a transcript of the record of the proceedings
must be made and certified and filed in the court of probate of the county to which the removal
is to be made. Upon the filing of such transcript, such court has jurisdiction to grant guardianship
or conservatorship of the person or conservatorship of property of the minor or ward, and
on such grant being made and a transcript thereof, duly certified, being filed in the court
of probate authorizing the removal, such removal may be made. The conservator so appointed
has full authority to demand, recover, and receive the property of the minor or ward from
and after the making of the removal. (Code 1886, §2486;...
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30-4-35
Section 30-4-35 Disposal of interest in real estate by spouse of insane person - Judgment to
be filed in probate office of county where real estate situated; filing cost. If the court
enters the judgment granting the relief sought, the register or clerk shall file a certified
copy of such judgment in the probate office of the county in which is situated the real estate
he desires to sell, convey, mortgage or otherwise dispose of. The cost of filing said judgment
shall be taxed as part of the costs in the case. (Acts 1933, Ex. Sess., No. 151, p. 141; Acts
1935, No. 394, p. 865; Code 1940, T. 34, §86.)...
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12-22-25
Section 12-22-25 Security for costs of appeal. In all other cases in which an appeal is taken
under the provisions of this division, the appellant, or someone for him, must give security
for the costs of such appeal, to be approved by the probate judge or the clerk of the circuit
court, as the case may be, and the names of such sureties must be certified with the record
to the appellate court, but the filing of security for costs is not a jurisdictional prerequisite.
If the appellant fails to prosecute his appeal or the judgment is not reversed or is entered
against him for a less amount than the judgment of the court from which the appeal is taken,
execution may issue against him and such sureties for the costs of the appeal. (Code 1852,
§1898; Code 1867, §2257; Code 1876, §3967; Code 1886, §3647; Code 1896, §464; Code 1907,
§2862; Code 1923, §6121; Code 1940, T. 7, §782.)...
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12-19-54
Section 12-19-54 Proceedings for retaxation of excessive costs in probate courts. (a) If the
taxation of costs by a probate court is excessive by charging the costs of witnesses who were
not examined, by charging costs to an improper party or by taxing costs contrary to law, the
party aggrieved may move the court for a retaxation, setting forth the particulars in which
the clerk has erred. This section shall apply to costs taxed in probate courts in all cases
and proceedings where such courts have jurisdiction, and any aggrieved party to any case or
proceeding may move the circuit court in the county where such case or proceeding is pending
for a retaxation of such costs, setting forth the particulars wherein such probate court costs
were improperly taxed. Such motion may be heard on five days' notice to the officers or persons
claiming said fees or costs, and the same shall be passed on by the judge as other motions
are heard and passed upon. From a judgment or order refusing or...
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