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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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6-6-722
Section 6-6-722 Judgment against county treasurer, etc., failing to pay allowed claim. If any
county treasurer or other custodian of county funds fails, on demand and without good excuse,
to pay an allowed claim against the county when there are funds in the treasury to pay the
same, judgment may be obtained against him and his sureties, or any or either of them, on
five days' notice, on motion in the circuit court of the county, in the name of the party
to whom the claim is payable, his legal representatives or assigns for the amount of the claim,
with interest from the time of the demand and 10 percent damages and costs. (Code 1852, §795;
Code 1867, §930; Code 1876, §3395; Code 1886, §3134; Code 1896, §3802; Code 1907, §5938;
Code 1923, §10265; Code 1940, T. 7, §620.)...
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17-16-53
Section 17-16-53 Contest of senator or representative in Legislature - Costs taxed. The package
mailed by the clerk must be opened by the presiding officer and presented to the house over
which he or she presides for such action as such house may deem proper. On the determination
of the contest, the Secretary of the Senate or the Clerk of the House, as the case may be,
must certify the result thereof to the clerk of the court in which the statement of contest
was filed. The certificate must be filed in the office of the clerk and shall have the force
and effect of a judgment against the unsuccessful party for the costs of the contest. And
the clerk having taxed the costs, allowing the fees and costs allowed for similar services
in civil cases at law, must issue execution for the amount thereof in the name of the successful
party. If the party contesting the election is the unsuccessful party, the unsuccessful party
sureties must pay the costs of the contest. (Code 1896, §1692; Code...
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35-11-227
Section 35-11-227 Actions by employees, etc.; defense by contractor. (a) If the action is by
an employee of the contractor, or by any person who has furnished to him material for the
building or improvement, the contractor shall be a necessary party defendant thereto; and
in such action on motion of the plaintiff, the owner or proprietor may be cited to answer
under oath how much was owing by him to the contractor on his contract with such contractor,
at the time of the service on him of the notice required by Section 35-11-218; and such answer
may be controverted, and proceedings had and judgment entered as in garnishment cases. (b)
When the lien is sought to be enforced by any person other than the contractor, it shall be
the duty of the contractor to defend the action at his own expense; and after notice of an
intention to file a statement of the lien, and pending the action, the owner or proprietor
may withhold from the contractor money sufficient to cover the amount claimed, and...
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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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11-40-62
Section 11-40-62 Definitions. As used in this article, the following words and phrases shall
have the following meanings: (1) INTERESTED PARTY. Includes the following parties: a. The
person who last appears as owner of the real property in the county office of the judge of
probate's property records. b. The current mortgagee of record of the property or assignee
of record of the mortgagee. c. The current holder of a beneficial interest in a deed of trust
recorded against the real property. d. A tax certificate holder. e. A tax sale purchaser that
holds a deed of purchase in accordance with Section 40-10-29. f. Any party having an interest
in the real property, or in any part thereof, legal or equitable, in severalty or as tenant
in common, whose identity and addresses are reasonably ascertainable from the records of the
Class 2 municipality or records maintained in the county office of the judge of probate or
as revealed by a full title search, consisting of 50 years or more. g. An...
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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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15-13-152
Section 15-13-152 Qualification for property bail. The qualifications for property bail are
that each surety be a resident of the state, and an owner of real property therein, and that
any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions
presently against the property, the amount expressed in the appearance bond. Any proper approving
officer, in approving property bail, may allow more than one person to justify severally as
bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent
to the amount in the appearance bond. The worth shall not be determined by the assessed value
of the property but shall be calculated, determined, and evaluated in the manner set forth
in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead
exemption in the affidavit then they shall also execute the waiver of a homestead exemption
form as provided in part (B) below. The affidavit shall be...
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9-9-31
Section 9-9-31 Tax levy to defray expenses of proposed works and improvements generally; water
management tax record; additional taxes. (a) After the list of lands and other property with
the assessed benefits and the decree and judgment of the court have been filed as provided
in Section 9-9-29, the board of water management commissioners shall without unnecessary delay
levy a tax of such portion of said benefit on all lands and other property in the district
to which benefits have been assessed as may be found necessary by the board of water management
commissioners to defray the costs and expenses of the proposed works and improvements as incorporated
in the plan of water management, plus 10 percent of said total amount for emergencies. The
said tax shall be apportioned to and levied on each tract of land or other property in said
district in proportion to the benefits assessed and not in excess of 90 percent thereof; and,
in case bonds are issued as provided in this article, then...
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40-5-10
Section 40-5-10 Receipts on payment of delinquent taxes. Upon the payment by any taxpayer of
taxes, fees, and costs, if any, assessed and charged against him, the collector shall give
a receipt therefor from the book mentioned in Section 40-5-11, showing the name of the taxpayer,
the date of the payment, the total assessed value of real and personal property, separately,
and stating the amount of the state, county, and special taxes separately, together with the
interest, costs, and fees, and such receipt shall be prima facie evidence that such taxpayer
has paid all his state and county taxes for that year on the real and personal property and
other subjects of taxation contained in his assessment lists and all fees and costs mentioned
in such receipt. When any taxpayer shall pay all the taxes on any parcel of real estate separately
assessed, the description thereof shall be placed on the receipt. (Acts 1935, No. 194, p.
256; Code 1940, T. 51, §197.)...
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