19-3B-1005
Section 19-3B-1005 Limitation of action against trustee. (a) A beneficiary may not commence
a proceeding against a trustee for breach of trust more than two years after the date the
beneficiary or a representative of the beneficiary was sent a report that adequately disclosed
the existence of a potential claim for breach of trust. (b) A report adequately discloses
the existence of a potential claim for breach of trust if it provides sufficient information
so that the beneficiary or representative knows of the potential claim or should have inquired
into its existence. (c) If subsection (a) does not apply, then a judicial proceeding by a
beneficiary against a trustee for breach of trust must be commenced within two years after
the first to occur of: (1) the removal, resignation, or death of the trustee; (2) the termination
of the beneficiary's interest in the trust; or (3) the termination of the trust. (Act 2006-216,
p. 314, §1.)...
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6-6-594
Section 6-6-594 Joinder - Alleged corporation as party defendant. When the action is against
persons acting as a corporation without being duly incorporated, the alleged corporation may
be joined as a party defendant, and such joinder does not admit its corporate existence or
otherwise prejudice the case of the plaintiff. A judgment and execution may go against it
by its alleged corporate name, as in other cases. (Code 1896, §3423; Code 1907, §5456; Code
1923, §9935; Code 1940, T. 7, §1139.)...
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6-6-414
Section 6-6-414 Unpaid subscription of stock. Any creditor of a corporation may, by garnishment,
subject the unpaid subscription of any stockholder in such corporation to the payment of its
debts, without regard to whether the corporation can commence an action against the stockholder
for such subscription or not. (Code 1852, §2472; Code 1867, §2893; Code 1876, §3220; Code
1886, §2972; Code 1896, §2182; Code 1907, §4311; Code 1923, §8062; Code 1940, T. 7, §1006.)...

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6-6-149
Section 6-6-149 Action by defendant - Venue for actions on injunction bond or attachment bond
in cases of injunction or bankruptcy. The defendant in any action commenced by attachment,
in any action in which an injunction against him is issued, or in any proceeding against him
as a bankrupt, may commence an action on the attachment bond or injunction bond, as the case
may be, against the plaintiffs as for malicious prosecution, and upon the bond of the petitioning
creditors, against the petitioning creditors as for a malicious prosecution, in the county
where the writ is levied; and in case of bankruptcy, in the county where the goods, property,
and effects were seized and located; or such actions may be commenced in the county where
the plaintiff in attachment resides or any of the sureties reside; and, in cases of bankruptcy,
where the petitioning creditors or anyone of them reside; and, in the cases of injunction,
where the plaintiff or any surety on his bond resides. (Code 1896,...
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11-47-191
Section 11-47-191 Institution of actions, entry, and execution of judgments against municipalities
and other persons or corporations jointly liable. (a) The injured party, if he institutes
a civil action against the municipality for damages suffered by him, shall also join such
other person or persons or corporation so liable as defendant or defendants of the civil action,
and no judgment shall be entered against the city or town unless judgment is entered against
such other person or corporation so liable for such injury, except where a summons is returned
not found as to a defendant or when judgment is entered in his favor on some personal defense,
and if a civil action be brought against the city or town alone and it is made to appear that
any person or corporation ought to be joined as a defendant in the action according to the
provisions in Section 11-47-190, the action shall be dismissed, unless the plaintiff amends
his complaint by making such party or corporation a defendant,...
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6-6-590
Section 6-6-590 Right of action and venue - Vacating charter or annulling existence of corporation.
(a) An action may be commenced under this article, in the name of the state, against the offending
corporation, on the information of any person for the purpose of vacating the charter or annulling
the existence of any corporation, other than municipal, whenever such corporation: (1) Offends
against any of the acts creating, altering, or renewing such corporation; (2) Violates the
provisions of any law, by which such corporation forfeits its charter, by abuse of its powers;
(3) Has forfeited its privileges or franchises by failure to exercise its powers; (4) Has
done or omitted any act which amounts to a surrender of its corporate rights, privileges,
and franchises; or (5) Exercises a franchise or privilege not conferred on it by law. (b)
The judge of the circuit court, whenever he believes that any of the acts or omissions specified
in subsection (a) of this section can be proved and it...
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6-6-600
Section 6-6-600 Judgment - Excluding defendant from office or franchise or prohibiting practice
of profession. When a defendant, whether a natural person or a corporation, against whom such
action has been commenced, is adjudged guilty of usurping or intruding into, or unlawfully
holding or exercising, any office or franchise or unlawfully practicing any profession, judgment
must be entered that such defendant be excluded from the office or franchise or be prohibited
from practicing such profession and that the plaintiff recover costs against such defendant.
Execution shall be issued on such judgment at the expiration of five days from the date thereof,
unless the defendant shall, within such time, take an appeal to the supreme court. Any violation
of any such order shall be a contempt of court. (Code 1852, §2665; Code 1867, §3093; Code
1876, §3433; Code 1886, §3178; Code 1896, §3432; Code 1907, §5465; Code 1923, §9944;
Code 1940, T. 7, §1148.)...
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10A-2A-13.30
Section 10A-2A-13.30 Court action. (a) If a stockholder makes demand for payment under Section
10A-2A-13.26 which remains unsettled, the corporation shall commence a proceeding within 60
days after receiving the payment demand and petition the court to determine the fair value
of the stock and accrued interest. If the corporation does not commence the proceeding within
the 60-day period, it shall pay in cash to each stockholder the amount the stockholder demanded
pursuant to Section 10A-2A-13.26 plus interest. (b) The corporation shall commence the proceeding
in the designated court, and if none, the circuit court for the county in which the corporation's
principal office is located in this state, and if none in this state, in the circuit court
for the county in which the corporation's most recent registered office is located. (c) The
corporation shall make all stockholders (regardless of whether they are residents of this
state) whose demands remain unsettled parties to the proceeding...
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10A-2-13.30
Section 10A-2-13.30 Court action. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) If a demand for payment under
Section 10A-2-13.28 remains unsettled, the corporation shall commence a proceeding within
60 days after receiving the payment demand and petition the court to determine the fair value
of the shares and accrued interest. If the corporation does not commence the proceeding within
the 60 day period, it shall pay each dissenter whose demand remains unsettled the amount demanded.
(b) The corporation shall commence the proceeding in the circuit court of the county where
the corporation's principal office, or, if none in this state, its registered office, is located.
If the corporation is a foreign corporation without a registered office in this state, it
shall commence the proceeding in the county in this state where the registered office of the
domestic corporation merged with or whose shares were...
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6-5-755
Section 6-5-755 Recovery; contribution. (a) In an action against a manufacturer and one or
more other defendants, including other manufacturers, for death or injury to person or damage
to property arising out of an accident, the right of the plaintiff to recover jointly and
severally against such defendants found liable is preserved. (b) Notwithstanding subsection
(a), in an action arising out of such accident, if the respective or comparative responsibility
of tortfeasors is an issue, then the jury shall return special verdicts, or in the absence
of a jury the court shall make special findings, allocating the percentage of responsibility
attributable to each defendant found to have proximately caused the accident. (c) Responsibility
for the accident may be allocated to a nonparty in an action under the procedure described
in subsection (b) if each of the following requirements are satisfied: (1) A defendant affirmatively
pleads the responsibility of a nonparty as a proximate cause of...
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