6-10-43
Section 6-10-43 Effect of contest on sale of property and lien thereon. When a contest of a
claim of exemption has been instituted, the property in contest shall not be sold by the officer
until the contest is decided, but the lien thereon under the process or levy shall not be
destroyed or impaired by the pendency of the contest. (Code 1876, §2835; Code 1886, §2541;
Code 1896, §2067; Code 1907, §4194; Code 1923, §7916, Code 1940, T. 7, §659.)...
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43-8-201
Section 43-8-201 Contest in circuit court after admission to probate - Additional time for
contest by infants and persons of unsound mind. After the expiration of such six months, the
validity of the will can only be contested by infants and persons of unsound mind who had
no legal guardian at the time the will was admitted to probate, or who were not represented
by a guardian ad litem, who are allowed 12 months after the appointment of a guardian, or,
if none be appointed, 12 months from the termination of their respective disabilities in which
to contest such will, but in no case to exceed 20 years from the time the will was admitted
to probate; and also provided there has not been one contest instituted and prosecuted to
final judgment in the circuit court as is provided for in sections 43-8-199 and 43-8-200;
in which case the final judgment of the circuit court, court of civil appeals or supreme court
shall be final and conclusive against all parties. (Code 1852, §1656; Code 1867,...
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6-10-25
Section 6-10-25 Declaration of claimed exemptions - Contesting of claims. A plaintiff, in person
or by his or her agent or attorney, may contest a claim of exemption after a declaration thereof
has been filed by making and filing with the officer holding the process an affidavit that,
in his belief, either the claim is invalid entirely or it is invalid in part or is excessive,
specifying wherein such invalidity or excess consists, and if excessive, also specifying the
property alleged to be in excess, to be, in all cases, the last named in the claim. If the
claim is of personal property, he or she must also deliver to the officer a bond in double
the value of the property sought to be levied on, with sureties to be approved by the officer,
payable to the defendant claiming the exemption and conditioned that if the plaintiff fails
in the contest, he or she will pay the defendant all such costs and damages as he or she may
sustain by reason of the wrongful institution of the contest....
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43-8-199
Section 43-8-199 Contest in circuit court after admission to probate - Generally. Any person
interested in any will who has not contested the same under the provisions of this article,
may, at any time within the six months after the admission of such will to probate in this
state, contest the validity of the same by filing a complaint in the circuit court in the
county in which such will was probated. (Code 1852, §1654; Code 1867, §1972; Code 1876,
§2336; Code 1886, §2000; Code 1896, §4298; Code 1907, §6207; Code 1923, §10637; Acts
1931, No. 733, p. 844; Code 1940, T. 61, §64; Code 1975, §43-1-79.)...
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6-6-593
Section 6-6-593 Court always open; return of summons; setting of case for trial; trial by court
or jury. (a) The court is at all times open for the trial of a case or the granting of orders
therein. The summons shall be returnable 10 days from the date of issuance, and if five days'
service is not had before such return day, the summons is returnable to the first day after
the expiration of five days after such service. If such return day shall be a day of any regular
or special session of the court, the case stands for trial on the next day after the return
day, unless good cause shall be shown for further delay; but if such return day does not fall
within a regular or special session, the judge must fix a day for the hearing, of which the
clerk must notify the parties or their attorneys; and on such day the case may be tried or,
for good cause shown or by consent of parties and the approval of the court, may be continued
to another day. (b) The case specified in this section must be...
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17-15-29
Section 17-15-29 Contest of election of judge of probate court and other county and municipal
officers - Generally. THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-16-56 BY ACT 2006-570.
(Code 1896, §1696; Code 1907, §470; Acts 1911, No. 202, p. 195; Code 1923, §559; Code 1940,
T. 17, §245.)...
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11-48-41
Section 11-48-41 Appeals to circuit court from assessments - Conduct generally; right of jury
trial; entry of judgment and assessment of costs generally. The civil action may be tried
on the record without other pleadings, and the court shall hear all objections of the property
owners to said assessment and the amount thereof and shall determine whether or not such assessment
exceeds the increased value of such property by reason of the special benefits derived from
the improvement, and shall enter judgment accordingly. Such civil action shall be tried by
the judge without a jury, unless a jury trial is demanded at the time of filing appeal, in
which event the action shall be tried by a jury as in other civil actions. In the event the
court or jury shall not sustain the assessment for the full amount, the costs of the appeal
and trial in the circuit court shall be adjudged against the municipality. (Code 1907, §1394;
Code 1923, §2209; Acts 1927, No. 639, p. 753; Code 1940, T. 37,...
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17-15-28
Section 17-15-28 Contest of election of judge of circuit or district court - Testimony; heard
without jury. THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-16-55 BY ACT 2006-570.
(Code 1896, §1694; Code 1907, §468; Code 1923, §558; Code 1940, T. 17, §244.)...
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17-15-30
Section 17-15-30 Contest of election of judge of probate court and other county and municipal
officers - Court open at all times. THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-16-57
BY ACT 2006-570. (Acts 1911, No. 202, p. 195; Code 1923, §560; Code 1940, T. 17, §246.)...

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17-16-57
Section 17-16-57 Contest of election of judge of probate court and other county and municipal
officers - Court open at all times. For the purpose of hearing and determining any contest
instituted under the provisions of Section 17-16-56, the circuit court shall at all times
be open. (Acts 1911, No. 202, p. 195; Code 1923, §560; Code 1940, T. 17, §246; §17-15-30;
amended and renumbered by Act 2006-570, p. 1331, §83.)...
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