42-2-9
Section 42-2-9 Appeal from assessment of damages. Either party may appeal from the assessment
of damages and compensation by the commissioners to the circuit court of the county within
30 days after the making of the order of condemnation, upon the report of the commissioners,
by filing in the court rendering the judgment a written notice of appeal, a copy of which
shall be served on the opposite party, and on such appeal the trial shall be de novo. No appeal
shall suspend the judgment if the applicant shall pay into court in money the amount of damages
assessed and give bond in double the amount so assessed, with good and sufficient surety,
to be approved by the judge of probate, to pay such damages as the owner may sustain. (Code
1907, §2423; Code 1923, §3157; Code 1940, T. 59, §13.)...
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43-2-460
Section 43-2-460 Report and examination of sale - Notice and hearing. If it appears from the
report of the personal representative provided for in section 43-2-459 that he has a personal
interest in such sale, or that he was, directly or indirectly, the purchaser at such sale,
or if the court is satisfied from the examination of witnesses in relation to the report as
provided for in section 43-2-459 that he has such personal interest in the sale adverse to
the interest of the heirs or devisees, or that he was, directly or indirectly, the purchaser
at such sale, the court shall set a day for the hearing of such report for confirmation, of
which hearing the court shall give the adverse parties at least 10 days' notice in any mode
or manner to be directed by the court. (Code 1907, §2638; Code 1923, §5868; Code 1940, T.
61, §262.)...
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12-17-275
Section 12-17-275 Duties. The official court reporter shall attend in person, except as otherwise
herein provided, the sessions of court held in the circuit for which he is appointed, and
in every case, where directed by the judge or requested by a party thereto, he shall take
full stenographic notes of the oral testimony and proceedings, except argument of counsel,
and note the order in which all documentary evidence is introduced, all objections of counsel,
the rulings of the court thereon and exceptions taken or reserved thereto. When directed by
the judge, he shall attend the investigations of the grand jury and there take such notes
of the testimony as directed by the district attorney or foreman. The original stenographic
notes of such court reporter in each case or proceeding officially reported shall be preserved
by him and treated as a part of the records of the respective courts, and upon his retirement
from office, shall be turned over to the clerks of such courts. In cases...
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14-4-4
Section 14-4-4 Report of hard labor sentence to probate judge. (a) All judicial officers shall,
immediately upon the sentence of any person to hard labor for any county, report in writing
to the judge of probate of the county for which such sentence is made, the name of such person,
the length of his sentence, the date of its commencement and the amount of costs. Any judicial
officer presiding over a court that has a clerk may order such report to be made by such clerk.
(b) Any judicial officer or clerk who fails to report in writing to the judge of probate,
as required by law, the name of any person sentenced to hard labor for the county, length
of such sentence, the date of its commencement and the amount of the costs therein must, on
conviction, be fined not less than $25.00. (Code 1896, §§4543, 5118; Acts 1907, No. 85,
p. 179; Code 1907, §§6592, 7462; Code 1923, §§3700, 5054; Code 1940, T. 45, §§79, 80.)...

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15-5-1
Section 15-5-1 "Search warrant" defined. A "search warrant" is an order
in writing in the name of the state signed by a judge, or by a magistrate authorized by law
to issue search warrants, and directed to the sheriff or to any constable of the county, commanding
him to search for personal property and bring it before the court issuing the warrant. (Code
1852, §825; Code 1867, §4376; Code 1876, §4005; Code 1886, §4727; Code 1896, §5484; Code
1907, §7757; Code 1923, §5471; Code 1940, T. 15, §100.)...
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27-6-15
Section 27-6-15 Release of deposit - Generally. (a) All deposits in this state made under this
title shall be held on deposit as long as there is outstanding any liability of the insurer
with respect to which the deposit was made. (b) Any such deposit shall be released and returned:
(1) To the insurer upon extinguishment by reinsurance in an insurer authorized to transact
such insurance in this state, or otherwise, of all liability of the insurer for the security
of which the deposit is held; (2) To the insurer during solvency, to the extent such deposit
is in excess of the amount required; or (3) Upon proper order of a court of competent jurisdiction,
to the receiver, conservator, rehabilitator, or liquidator of the insurer or to any other
properly designated official, or officials, who succeed to the management and control of the
insurer's assets. (c) The Treasurer shall release any such deposit, or part thereof, upon
written authorization of the commissioner and of the insurer or...
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35-7-4
Section 35-7-4 Ascertainment of amount to be paid upon failure of parties to agree. If the
parties cannot agree, on application by either to the district court in the county in which
such fence is, such court must issue an order in writing to three disinterested freeholders
of such county, not related to either of the parties, to examine such fence, and to ascertain
the amount to be paid to the owner erecting the same; and such freeholders, on a day to be
by them appointed, of which both parties must have notice, must examine such fence and report
to the court the proportionate amount to be paid to the person erecting the fence; and if
such amount is not paid within 10 days after such report, the court must issue execution therefor,
with costs, as provided in section 35-7-5, to be collected and returned as other executions.
(Code 1852, §1106; Code 1867, §1289; Code 1876, §1593; Code 1886, §1371; Code 1896, §2119;
Code 1907, §4248; Code 1923, §7978; Code 1940, T. 47, §253.)...
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43-2-627
Section 43-2-627 Setting off indebtedness of distributee or legatee. (a) If, on final settlement,
any distributee or legatee owes the estate any debt, contracted with the decedent in his lifetime
or with the executor or administrator in his representative capacity, the court shall allow
the same in favor of the executor or administrator, as a setoff against the distributive share
of such distributee or legatee and shall decree satisfaction of his distributive share to
the extent of such debt or demand; but the distributee or legatee may make any defense to
the setoff that would be available to him in a direct proceeding for the recovery of the debt.
(b) In no case shall a decree be rendered in favor of the executor or administrator against
such distributee or legatee for the excess, when the debt is greater in amount than the distributive
share; nor shall the executor or administrator be prevented from prosecuting a civil action
in the proper court for any excess that may be due him...
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43-2-813
Section 43-2-813 Effect of order or decree of insolvency certified to other courts after judgment
or decree therein rendered. After judgment or decree has been rendered in any court against
an executor or administrator for any debt, damages or costs, if the estate is subsequently
declared insolvent, such personal representative may file a certified copy of the decree or
order of the probate court declaring such estate insolvent with the clerk or register of the
court in which such judgment or decree was rendered against the personal representative; whereupon,
it shall be the duty of such clerk or register to certify back to the probate court a copy
of such judgment or decree for payment in the probate court as other claims against insolvent
estates, after which no execution shall issue or be further enforced against such executor
or administrator or sureties personally by the court rendering such judgment or decree. (Code
1907, §2796; Code 1923, §6035; Code 1940, T. 61, §422.)...
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43-2-84
Section 43-2-84 Bond of applicant when administration committed to general administrator or
sheriff. (a) When administration is committed to the general administrator or sheriff, on
the application of a third person, such letters must not be granted unless such person enters
into bond, with surety, to be approved by the judge, to pay the fees and allowances made by
the court on such administration, if the property of the estate is insufficient therefor.
(b) If, upon the settlement of an administrator appointed under subsection (a), it appears
that sufficient assets of his intestate have not come to his hands to pay the costs and expenses
legally incurred in his administration, the probate court having jurisdiction of such administration
may enter a judgment and thereon issue execution against the obligors in the bond mentioned
in subsection (a), for any excess due above the assets in the hands of such administrator.
(Code 1852, §1691; Code 1867, §§2011, 2012; Code 1876, §§2373,...
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