31-2-31
Section 31-2-31 Sale, pawn; purchase or unauthorized retention of military property; seizure,
etc., of unlawfully retained property. Any person who sells, pawns, purchases, retains or
has in his possession or custody, without right, any military property belonging to this state
or the United States, or any unit of the armed forces of the state, and who, after proper
demand, refuses to deliver the same to any officer entitled to take possession thereof, is
guilty of a misdemeanor if the value of such property is $500.00 or less, and is guilty of
a felony if the value of such property exceeds $500.00. Any person belonging to the armed
forces of the state who, contrary to the order of the proper officer, retains in his possession
or control any military property of this state or of the United States is guilty of a misdemeanor
if the value of such property is $500.00 or less, and is guilty of a felony if the value of
such property exceeds $500.00. Any commanding officer may take possession...
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6-6-337
Section 6-6-337 Proceedings upon determination for either plaintiff or defendant. (a) If the
judge determines in favor of the plaintiff, he must record the decision and enter judgment
with costs, upon which he must issue a writ of execution commanding the sheriff or the constable
to restore the plaintiff to possession or place him in possession of his lands and tenements
according to complaint and to levy on and sell a sufficiency of the defendant's goods and
chattels, lands and tenements to satisfy the costs of the proceedings. Successive writs may
issue at any time when necessary to eject defendant or collect costs and damages, and a defendant
who refuses to obey the mandate of the writ as to the possession of the property or who enters
upon the premises without just cause or legal excuse after being ejected shall be guilty of
resisting an officer and contempt of court and shall be punished and fined accordingly, in
the discretion of the court issuing the process. (b) If the judge...
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6-6-569
Section 6-6-569 Judgment - Contents. If, upon the hearing of the case set out under Section
6-6-561, the title to the lands or any part of the lands described in the complaint or any
interest claimed by the plaintiff, counterclaimant, or claimant, in said property, or any
part thereof, be duly proved, the court shall adjudge the title to such property, or the interest
therein, claimed in the complaint to be in the plaintiff, counterclaimant, or claimant, or
partly in one and partly in the other, specifying the part in or to which each has title or
interest, and such judgment shall be binding and conclusive on all parties made defendant
in said case. (Acts 1923, No. 526, p. 699; Code 1940, T. 7, §1126; Acts 1951, No. 882, p.
1521, §7.)...
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10A-20-5.03
Section 10A-20-5.03 Disposition of property of educational corporations where the stockholders
are unknown or the number of shares is unknown. (a) Where the charter of any educational corporation
organized under the laws of this state, general or special, provides for the issuance of stock
and the stockholders are unknown or where the amount or number of shares are unknown, the
property of the corporation may be disposed of as follows: The acting trustees or directors
having peaceable charge of the business and property of the corporation, whether legally elected
or not, may contract to sell or otherwise dispose of the property of the corporation in the
manner as they may deem best to carry out the purpose of the corporation, which action must
be concurred in by a majority of the acting trustees or directors. (b) Within 30 days after
making the contract or agreement, the trustees or directors shall cause to be filed in the
name of the corporation, in the circuit court of the county in...
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28-4-288
Section 28-4-288 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending appeal; proceedings upon failure of bondsmen to deliver said vehicle, etc.,
upon affirmance of judgment upon appeal, etc. Whenever a conveyance, vehicle of any kind or
animal used in drawing the same is seized by an officer of the state under the prohibition
laws of this state and has been condemned by the circuit court that tried the action, the
defendant in the proceedings or the claimant of the property, pending an appeal to the Supreme
Court or Court of Civil Appeals, may, upon motion, have the court immediately appraise the
value of said property and of the several items separately and shall have the right to execute
a bond with two good sureties in double the appraised value of such property or of any item
or items thereof, to be approved by the clerk or register of the circuit court, conditioned,
in the event the appeal is affirmed or reversed and the conveyance, vehicle,...
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34-3-61
Section 34-3-61 Liens. (a) Attorneys-at-law shall have a lien on all papers and money of their
clients in their possession for services rendered to them, in reference thereto, and may retain
such papers until the claims are satisfied, and may apply such money to the satisfaction of
the claims. (b) Upon actions and judgments for money, they shall have a lien superior to all
liens but tax liens, and no person shall be at liberty to satisfy the action or judgment,
until the lien or claim of the attorney for his or her fees is fully satisfied; and attorneys-at-law
shall have the same right and power over action or judgment to enforce their liens as their
clients had or may have for the amount due thereon to them. (c) Upon all actions for the recovery
of real or personal property, and upon all judgments for the recovery of the same, attorneys-at-law
shall have a lien on the property recovered, for their fees, superior to all liens but liens
for taxes, which may be enforced by the...
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37-2-17
Section 37-2-17 Penalty for excessive rates. (a) If any transportation company doing business
in this state or its agents or employees are guilty of making or demanding or receiving any
charge for the transportation of persons or property, or for any service pertaining to or
connected therewith, in excess of that prescribed by the Public Service Commission as by this
chapter authorized, and after due notice of such violation given to the president or managing
officer or any superintendent thereof in this state, and if ample and full recompense for
the wrong or injury thereby to any person, firm, company, or corporation shall not be made
within 60 days from the time of such notice, such transportation company shall forfeit for
each offense the sum of not less than $50.00 nor more than $1,000.00, to be fixed by the court.
(b) An action for the recovery of the penalty shall be in any circuit court in any county
in this state where such violation has occurred or wrong has been perpetrated,...
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6-5-145
Section 6-5-145 Issuance and return of temporary restraining order; return of inventory; contempt
for violation of restraining order. (a) Where such application for a preliminary injunction
has been made, the court or judge thereof may, on the application of the plaintiff, issue
an ex parte temporary restraining order, restraining the defendants and all other persons
from the moving, or in any manner interfering with, the personal property and contents of
the place where such nuisance is alleged to exist until the decision of the court or judge
granting or refusing such preliminary injunction and until the further order of the court
thereon. (b) The restraining order may be served by handing to and leaving a copy of said
order with any person in charge of said place or residing therein or by posting a copy thereof
in a conspicuous place at, or upon one or more of the principal doors or entrances to such
places, or the judge may order it served on the parties defendant. (c) The officer...
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6-6-393
Section 6-6-393 Issuance and service of process. Upon the filing of the affidavit or the affidavit
and bond, as the case may be, the officer filing the same must issue process of garnishment
and a copy thereof for each garnishee, to be served by the proper officer, requiring the garnishee
to appear within 30 days and file an answer, upon oath, whether, at the time of the service
of the garnishment, at the time of making his answer or at any time intervening between the
time of serving the garnishment and making the answer he was indebted to the defendant and
whether he will not be indebted in future to him by a contract then existing, whether by a
contract then existing he is liable to him for the delivery of personal property or for the
payment of money which may be discharged by the delivery of personal property or which is
payable in personal property and whether he has not in his possession or under his control
money or effects belonging to the defendant. (Code 1852, §2517; Code...
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6-6-720
Section 6-6-720 Entry of summary judgment in favor of state against certain defaulters or sureties.
Summary judgment must be entered in favor of the state against the defaulters named in this
section and their sureties, or either, in any court of the county of their residence having
jurisdiction, on 10 days' notice, in the following cases: (1) Against any tax assessor for
making up a false or fraudulent assessment, in each case, for not more than $500, and such
tax assessor may also be imprisoned in the county jail for not exceeding three months; (2)
Against any county treasurer or county depositaries, or any officer or agency of the county
charged with the duty and custody of receiving and paying out county funds, for failing to
pay over the excess of purchase money as provided in the revenue law to the former owner of
any property sold for taxes, for not less than $200; (3) Against any judge of probate for
failing to make out and forward abstracts, reports, or returns according to...
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