35-11-97
Section 35-11-97 Satisfaction of prior liens. Any officer enforcing the satisfaction of any
lien under the provisions of this division shall first apply the proceeds of the crop or property
in his hands to the payment of any debt or claim of any third party which constitutes a prior
lien upon such crop or property, if the priority of such lien has been established, and the
claim ordered to be paid by the court before which the case is tried. (Code 1876, §3493;
Code 1886, §3088; Code 1896, §2773; Code 1907, §4805; Code 1923, §8889; Code 1940, T.
33, §24.)...
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41-1-3
Section 41-1-3 Compromise of claims in favor of state. The Governor, Attorney General and Auditor
have authority to adjust, compromise and settle, on such terms as to them may seem just and
reasonable, any doubtful claim of the state against any person or corporation, or any public
officer, or his sureties, or because of the negligence or default in the safekeeping, collection
or disbursement of the public moneys, funds or property by any officer having charge or custody
of either. Such settlement or compromise being made, the Governor must file a statement thereof
in the office of the Treasurer, showing the nature and character of the claim, the terms of
the settlement or compromise and the reasons for the making thereof. (Code 1886, §§70, 71;
Code 1896, §§3753, 3754; Code 1907, §§2441, 2442; Code 1923, §§5645, 5646; Code 1940,
T. 55, §§12, 13.)...
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6-6-100
Section 6-6-100 By whom; execution of bond. The defendant in attachment or, in his absence,
a stranger, may replevy the goods or chattels attached, or any part thereof, by executing
bond, with sufficient sureties, payable to the plaintiff, in double the value of the property
replevied, to be determined by the officer making the levy, with condition that if the defendant
fails in the action, the principal in the bond or his sureties will return the specific property
attached within 30 days after the judgment, which bond must be returned with the other papers
of the case. (Code 1852, §2536; Code 1867, §2964; Code 1876, §3289; Code 1886, §2964;
Code 1896, §555; Code 1907, §2955; Code 1923, §6203; Code 1940, T. 7, §876.)...
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6-6-166
Section 6-6-166 Return - Where levy made in different county than where judgment entered or
original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
(a) When the levy is made in a different county from that in which the judgment was entered
or the original attachment issued, if a claim is interposed to the property, it is the duty
of the officer levying the writ to return the original to the court from which it issued,
with a statement thereon showing the interposition of the claim and true copies of the affidavit
and bond, certified by him; and he must return the original affidavit and bond and a true
copy of the writ under which the levy was made, certified by him, to the circuit court of
his own county, where, after 30 days, the trial of the right of property must be had. The
copies thus required to be made, certified as provided in this section, must be received in
lieu of and have, in all respects, the same effect as the originals. (b) If, in the...
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6-6-70
Section 6-6-70 On what property and persons; endorsement on writ; taking of property into possession.
Attachments may be levied on real estate, whether a fee simple or any less legal estate, or
on personal property of the defendant or may be executed by summoning any person indebted
to the defendant or liable to him on a contract for the delivery of personal property or for
the payment of money which may be discharged by the delivery of personal property or on a
contract payable in personal property or a person having in his possession, or under his control,
any money or effects belonging to the defendant; and the officer executing the writ must endorse
such levy or service thereon and, if practicable, take the property into his possession, unless
replevied as prescribed in Division 4 of this article. (Code 1852, §2516; Code 1867, §2943;
Code 1876, §3268; Code 1886, §2945; Code 1896, §540; Code 1907, §2940; Code 1923, §6188;
Code 1940, T. 7, §861.)...
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6-9-160
Section 6-9-160 Restoration of property levied on to debtor upon executing bond; execution
on forfeiture of bond; exception. (a) When personal property is levied on by the sheriff,
if the defendant executes bond with sufficient surety in double the amount of the execution
payable to the plaintiff and conditioned to deliver the property levied on to the proper officer
by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must
restore the property to the defendant. (b) If the property is not delivered according to the
condition of the bond, the sheriff must return it forfeited within five days thereafter to
the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture
of the bond; and it is then the duty of the clerk or register, without delay, to issue execution
on the forfeited bond against all the obligors therein for the judgment and costs, upon which
no security of any kind can be taken, which he must endorse on the...
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31-2A-132
Section 31-2A-132 (Article 132.) Frauds against the government. Any person subject to this
code who does any of the following shall, upon conviction, be punished as a court-martial
may direct: (1) Knowing it to be false or fraudulent, makes any claim against the United States,
the state, or any officer thereof. (2) For the purpose of obtaining the approval, allowance,
or payment of any claim against the United States, the state, or any officer thereof makes
or uses any writing or other paper knowing it to contain any false or fraudulent statements,
makes any oath, affirmation, or certification to any fact or to any writing or other paper
knowing the oath, affirmation, or certification to be false, or forges or counterfeits any
signature upon any writing or other paper, or uses any such signature knowing it to be forged
or counterfeited. (3) Having charge, possession, custody, or control of any money, or other
property of the United States or the state, furnished or intended for the...
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6-10-88
Section 6-10-88 Report of appraisers or commissioners - Hearing and determination on exceptions;
proceedings when exemption of personalty excessive or insufficient. (a) On the day fixed for
the hearing of such exceptions, an issue shall be made up under the direction of the court
and the same shall be tried as other issues in the court are tried, the party excepting being
the plaintiff on whom shall rest the burden of proof. On the hearing, the court may confirm
or set aside the report, as the right may appear. (b) But if the exceptions relate to the
exemption of personal property and are based on the ground that it is excessive or insufficient,
the court, if the exceptions are sustained, must not set aside the report, but shall ascertain
the amount of such excess or insufficiency and, if excessive, shall order the restoration
to the personal representative of property sufficient in value to cure the excess, describing
the same, and shall enforce such order by a writ of restitution;...
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12-19-50
Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs; issuance
of execution against sheriff, etc., failing to return, levy, or collect execution issued against
plaintiff or appellant for costs. (a) The Clerk of the Supreme Court, clerks of the courts
of appeals, clerks of the circuit courts and probate judges, upon return of an execution "no
property found" against the defendant by the proper officer of the county in which the
judgment was entered, or, if the execution is from the Supreme Court or courts of appeals,
of the county from which the case was brought, may issue execution against the plaintiff or
appellant, as the case may be, for the costs actually created by the plaintiff or appellant,
but for none other, to be collected and returned as other executions. (b) Judgment may be
entered on motion in the circuit court of such county, in the name of the clerk or probate
judge issuing the execution, against the sheriff or his sureties, or either of...
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35-11-311
Section 35-11-311 Enforcement of lien. For the enforcement of such lien, the owner of such
boom, bulkhead, piles or other structure, may have process of attachment from any court having
jurisdiction of the amount claimed leviable upon the vessel, boat, flatboat, raft, log or
stick of timber or wood upon which the lien exists: (1) When such claim is due and the defendant,
on demand, fails or refuses to pay the same. (2) Whether such claim is due or not, when the
defendant has removed, or there is good reason to believe he is about to remove any of the
property on which the lien declared in Section 35-11-310 exists, without paying such charges.
(Code 1896, §2785; Code 1907, §4819; Code 1923, §8911; Code 1940, T. 33, §74.)...
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