6-10-120
Section 6-10-120 Right to waive. Any person, by an instrument in writing, may waive his or
her right to an exemption in any property exempt from levy and sale under execution or other
process. (Code 1876, §2846; Code 1886, §2567; Code 1896, §2104; Code 1907, §4231; Code
1923, §7960; Code 1940, T. 7, §706.)...
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6-9-141
Section 6-9-141 Written note or memorandum unnecessary. No note or memorandum in writing shall
be necessary to charge any person at a judicial, execution or attachment sale other than the
return of the officer on the process. (Code 1907, §4126; Code 1923, §7841; Code 1940, T.
7, §553.)...
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6-6-161
Section 6-6-161 Return of writ, bond and affidavit; issue made up; burden of proof. The officer
making the levy must, except as otherwise provided in Sections 6-6-165 and 6-6-166, return
the writ, affidavit and bond to court to which it is returnable, when an issue must be made
up between the plaintiff in the writ and the claimant, in which the former must allege that
the property claimed is the property of the defendant in the writ and is liable to its satisfaction.
On the trial of such issue, the burden of proof is on the plaintiff. (Code 1852, §§2588,
2834; Code 1867, §§3017, 3280; Code 1876, §§3342, 3677; Code 1886, §§3005, 3366; Code
1896, §4142; Code 1907, §6040; Code 1923, §10376; Code 1940, T. 7, §1169.)...
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36-7-4
Section 36-7-4 Advancement of traveling expenses of municipal officers or employees - Itemized
statement of expenses to be presented and approved upon return of officer or employee; effect
of failure to present statement and secure approval thereof. When any sum is advanced to an
officer or employee of any county or municipality to be used to defray expenses incurred while
traveling beyond the borders of the municipality or county, the itemized statement required
as provided for in Section 36-7-1 shall be presented immediately upon the return of such officer
or employee to the county or municipality, and failure to present and have approved such statement
shall render such officer or employee personally liable to the county or municipality for
the sum advanced, which sum shall, if such officer or employee is drawing pay for his services
from the municipality or county, be deducted from any sum then or in the future owed by the
municipality or county to such officer or employee. (Acts...
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6-10-20
Section 6-10-20 Declaration of claimed exemptions - Making and filing. Any resident of this
state entitled to, and desiring to, claim a homestead or other exemption from levy and sale
under execution or other process may, at any time, make and file in the office of the probate
judge of the county in which the property is situated, if a homestead, or, if personal property,
of the county in which such resident resides, a declaration in writing, subscribed and sworn
to by him or her, describing the property selected and claimed by him or her as exempt, item
by item, in case of personal property, with its value. Other declarations may, from time to
time, as occasion may require, be made and filed. (Code 1876, §2828; Code 1886, §2515; Code
1896, §2041; Code 1907, §4168; Code 1923, §7890; Code 1940, T. 7, §633.)...
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6-10-42
Section 6-10-42 When no action lies against officer levying on exempt property. If no declaration
of claim of exemption has been filed in the office of the judge of probate or if so filed
and the same is contested, no action shall lie against the officer levying the process on
the ground that the property levied on is exempt. (Code 1876, §2833; Code 1886, §2540; Code
1896, §2066; Code 1907, §4193; Code 1923, §7915; Code 1940, T. 7, §658.)...
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35-4-132
Section 35-4-132 Notice of levy. When a sheriff, constable, United States marshal, or other
officer shall levy upon land by virtue of any process, he shall file with the judge of probate
of each county where the land or any party thereof is situated a notice of the levy, showing
the names of the parties to the proceeding, the kind of process, and a description of the
land levied on. The judge of probate shall file and record and note upon the notice and record
as in Section 35-4-131. (Acts 1915, No. 77, p. 122; Code 1923, §6879; Code 1940, T. 47, §67;
Acts 1971, 3rd Ex. Sess., No. 181, p. 4441, §2.)...
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11-50-35
Section 11-50-35 Exemption from levy, attachment, etc., of property of foreign municipal corporations.
The property of any and all foreign municipal corporations located in this state in pursuance
of the provisions of this article shall be exempt from levy or seizure by attachment or other
legal process or proceedings in like manner as the property of municipal corporations located
in and existing under the laws of this state are exempt. (Code 1907, §1446; Code 1923, §2302;
Code 1940, T. 37, §390.)...
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17-13-84
Section 17-13-84 Filing statements of contests; depositions; costs; service of process; contempt.
Upon the filing of any contest of nomination, the chair of the executive committee with which
the contest is filed shall file a statement in the office of the clerk of the circuit court
of the county where the contestant resides of the fact that such a contest has been filed,
giving the names of the parties thereto, the nomination contested and the day set for hearing.
After such statement is filed, the clerk of the circuit court shall issue such subpoenas for
witnesses and orders for production of documents and shall issue commissions for the taking
of testimony by deposition as required by either party, each party to the contest being responsible
for costs incurred by him or her for the summoning and attendance of witnesses on his or her
behalf, and the clerk may issue execution for such costs the same as in civil cases. It shall
be the duty of the sheriff to serve all process issued by...
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36-7-2
Section 36-7-2 Reimbursement of county or municipal officers or employees for traveling expenses
- To whom statement presented; approval or disallowance of statement. When a municipality
is governed by a commission form of government, such itemized statement shall be presented
to the municipal comptroller or corresponding officer immediately upon the return of said
officer or employee of such municipality and must be approved or disallowed at a regular meeting
of the commission of such municipality held within a period of 30 days after presentment to
municipal comptroller or corresponding officer. When a municipality is governed by a mayor
and council, such itemized statement shall be presented to the treasurer of the municipality
in similar manner as hereinabove provided for and shall be approved or disallowed at a regular
meeting of the governing body held within a period of 30 days after presentment to the treasurer
of the municipality. In the case of counties, such itemized...
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