6-5-530
Section 6-5-530 Liability for damages. (a) In any civil action for personal injury, death,
or property damage caused by a product, regardless of the type of claims alleged or the theory
of liability asserted, the plaintiff must prove, among other elements, that the defendant
designed, manufactured, sold, or leased the particular product the use of which is alleged
to have caused the injury on which the claim is based, and not a similar or equivalent product.
Designers, manufacturers, sellers, or lessors of products not identified as having been used,
ingested, or encountered by an allegedly injured party may not be held liable for any alleged
injury. A person, firm, corporation, association, partnership, or other legal or business
entity whose design is copied or otherwise used by a manufacturer without the designer's express
authorization is not subject to liability for personal injury, death, or property damage caused
by the manufacturer's product, even if use of the design is...
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6-6-147
Section 6-6-147 Execution upon judgment by plaintiff. If the judgment of the plaintiff is not
satisfied by the property attached or by the garnishee, execution must issue thereon, which
may be levied on and satisfied by any property of the defendant; and the plaintiff may proceed
to a sale of the property attached by a writ of execution. (Code 1852, §2773; Code 1867,
§3001; Code 1876, §3326; Code 1886, §3003; Code 1896, §570; Code 1907, §2971; Code 1923,
§6219; Code 1940, T. 7, §892.)...
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6-6-164
Section 6-6-164 Claims based on mortgage or lien; ascertainment of amount; payment by plaintiff;
sale of property and application of proceeds. When the claim interposed is based on a mortgage
or lien, the claimant must state in his affidavit the nature of the right which he claims;
and, in case such claim is sustained on the trial, the amount of it, whether then due or not,
with interest to the date of the trial, must be ascertained by the jury or judge, as the case
may be. The plaintiff may, within 10 days from date of said ascertainment, pay to the mortgagee
or his assignee or to the lien holder the amount ascertained to be due; and in such case the
property shall be sold as well for the payment of the debt secured by the mortgage or the
lien, as ascertained, as for the satisfaction of the plaintiff's judgment, the proceeds of
the sale to be applied first, after payment of the costs, to reimburse the plaintiff the amount
so paid by him to such mortgagee or lien holder, and the claim...
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6-6-410
Section 6-6-410 Debt or demand on which action pending. A debt or demand which is subject to
garnishment may be reached and subjected though an action may be pending thereon; and if the
action is not pending in the court from which the garnishment issues, the court, on proof
by the garnishee of the pendency of the garnishment, must, on the entry of judgment, stay
execution until notified by the clerk of the court in which the garnishment or attachment
is instituted that final judgment has been entered, in which case he must make the appropriate
order according to whether the judgment is entered for the plaintiff or defendant. (Code 1852,
§2524; Code 1867, §2951; Code 1876, §3276; Code 1886, §2952; Code 1896, §2177; Code 1907,
§4306; Code 1923, §8057; Code 1940, T. 7, §1001.)...
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6-6-457
Section 6-6-457 Proceedings on failure to appear and answer. If the garnishee fails to appear
and answer, a conditional judgment must be entered against him for the amount of the plaintiff's
claim, as ascertained by his judgment, to be made absolute unless he appears within 30 days
after notice of the conditional judgment issued by the clerk, to be served on him, as other
process, by the sheriff. If he fails to appear within the time required by the notice served
upon him or if two notices are returned "not found" by the sheriff of the county
in which the garnishment was executed, the judgment must be made absolute. (Code 1852, §2545;
Code 1867, §2973; Code 1876, §3298; Code 1886, §2980; Code 1896, §2195; Code 1907, §4324;
Code 1923, §8075; Code 1940, T. 7, §1019.)...
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6-9-94
Section 6-9-94 Death of party after execution issued. The death of any plaintiff or defendant
after the issuance or the levy of an execution on personal or real estate shall not affect
the duty of the officer making the levy to proceed and sell as if such death had not occurred.
(Code 1907, §4101; Code 1923, §7816; Code 1940, T. 7, §528.)...
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7-3-308
Section 7-3-308 Proof of signatures and status as holder in due course. (a) In an action with
respect to an instrument, the authenticity of, and authority to make, each signature on the
instrument is admitted unless specifically denied in the pleadings. If the validity of a signature
is denied in the pleadings, the burden of establishing validity is on the person claiming
validity, but the signature is presumed to be authentic and authorized unless the action is
to enforce the liability of the purported signer and the signer is dead or incompetent at
the time of trial of the issue of validity of the signature. If an action to enforce the instrument
is brought against a person as the undisclosed principal of a person who signed the instrument
as a party to the instrument, the plaintiff has the burden of establishing that the defendant
is liable on the instrument as a represented person under Section 7-3-402(a). (b) If the validity
of signatures is admitted or proved and there is...
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12-13-7
Section 12-13-7 Garnishments - Issuance, enforcement, etc., generally. The probate court may
issue process of garnishment upon decrees for money, in favor of plaintiffs in such decrees,
returnable within 30 days, upon compliance with the laws respecting garnishments in the circuit
courts on judgments and may render judgments or decrees on the answers of such garnishees,
enforce the collection thereof by execution, as may be necessary, and try all collateral issues
that may grow out of the answers of such garnishees, both as to a contest of an answer or
a claim of an alleged transferee. (Code 1867, §802; Code 1876, §708; Code 1886, §797; Code
1896, §3376; Code 1907, §5434; Code 1923, §9596; Code1940, T. 13, §305.)...
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15-13-152
Section 15-13-152 Qualification for property bail. The qualifications for property bail are
that each surety be a resident of the state, and an owner of real property therein, and that
any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions
presently against the property, the amount expressed in the appearance bond. Any proper approving
officer, in approving property bail, may allow more than one person to justify severally as
bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent
to the amount in the appearance bond. The worth shall not be determined by the assessed value
of the property but shall be calculated, determined, and evaluated in the manner set forth
in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead
exemption in the affidavit then they shall also execute the waiver of a homestead exemption
form as provided in part (B) below. The affidavit shall be...
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6-10-82
Section 6-10-82 Appraisers - Report of homestead appraisement. The appraisers shall also appraise
the homestead of the decedent occupied by the decedent at the time of death or to which the
decedent was then entitled, and they shall report the appraisement thereof when the inventory
and appraisement of the personal property are returned, with a full and accurate description
of the same. (Code 1886, §2550; Code 1896, §2080; Code 1907, §4207; Code 1923, §7929;
Code 1940, T. 7, §672; Acts 1982, No. 82-399, p. 578, §8-102.)...
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