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41-9-80.5
Section 41-9-80.5 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE JUNE 10, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Upon filing an action
pursuant to subsection (a) of Section 41-9-80.4, the victim of a crime shall give notice to
the Securities Commission of the filing by delivering a copy of the summons and complaint
to the Securities Commission. (Act 2019-538, §2.)...
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6-4-3
Section 6-4-3 Execution - Coroner or special coroner. (a) When the office of sheriff is vacant
and until his successor is qualified, when the sheriff is imprisoned or in cases in which
the sheriff is a party, is interested or otherwise is incompetent to act, the summons must
be directed to and executed by the coroner if such interest or cause appears on the face of
the proceedings; and if such interest or cause does not appear on the face of the proceedings,
the coroner must execute the summons, though directed to the sheriff, if the judge of probate,
on proper showing by affidavit, directs the execution thereof by the coroner. (b) When, in
such cases, the coroner has not qualified or the office is vacant or when the coroner is absent
from the county having no deputy therein, when the coroner is imprisoned or when he is a party
to or interested in the action, the summons must be directed to and executed by a special
coroner, to be appointed by the judge of probate. (Code 1852, §2171;...
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6-5-149
Section 6-5-149 Precedence of action over other cases; evidence; dismissal of action; continuance;
costs; judgment. (a) The action, when commenced, shall have precedence over all other cases
except injunctions. (b) In such action, evidence of the general reputation of the place or
any admission or finding of guilt of any person under the original laws against prostitution,
lewdness, or assignation at any such place shall be admissible for the purpose of proving
the existence of said nuisance and shall be prima facie evidence of such nuisance, of knowledge
of and acquiescence and participation therein on the part of the person, or persons, charged
with maintaining such nuisance. (c) If the complaint is filed for the state by a citizen of
the county, it shall not be dismissed except upon a sworn statement of the plaintiff or his
personal representative or agent, and his attorney or of the officer filing the complaint,
setting forth the reasons why the action should be dismissed and the...
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6-6-680
Section 6-6-680 Judgment against sheriff, etc., receiving or executing writ. Judgment must
be entered for the plaintiff, on three days' notice, against the sheriff, coroner, or other
officer receiving or executing the writ in the following cases: (1) For failing to return
an execution, 20 percent on the judgment; (2) For failing to pay over money collected upon
an execution, on demand of the plaintiff, his agent, or attorney, for the amount so collected
and five percent per month damages from the time such demand was made; (3) For failing to
make the money on an execution, which by due diligence could have been made, for the amount
of the execution, interest, and 10 percent damages thereon; (4) For fraudulently making a
false return, for the amount of the execution, interest, and 10 percent damages thereon; (5)
For failing to notify the plaintiff, his agent, or attorney of the collection of money by
execution, for five percent per month on the amount collected from the time when the...
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12-19-72
Section 12-19-72 Circuit and district court filing fee - Distribution. The filing fees collected
in civil cases shall be distributed as follows: (1) For cases filed on the small claims docket
of the district court in which the matter in controversy, exclusive of interest, costs, and
attorney fees, totals one thousand five hundred dollars ($1,500) or less, seventeen dollars
($17) to the Fair Trial Tax Fund; thirteen dollars ($13) to the State General Fund; and five
dollars ($5) to the county general fund. (2) For cases on the small claims docket of the district
court in which the matter in controversy, exclusive of interest, costs, and attorney fees,
exceeds one thousand five hundred dollars ($1,500) but does not exceed three thousand dollars
($3,000), twenty-one dollars ($21) to the Fair Trial Tax Fund; seventy-five dollars ($75)
to the State General Fund; five dollars ($5) to the Advanced Technology and Data Exchange
Fund; and eight dollars ($8) to the county general fund. (3) For...
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25-2-21
Section 25-2-21 Review of rules or regulations - Commencement of action in circuit court. Any
employer, owner or other person in interest, being dissatisfied with any rule or regulation
of the board of appeals, may commence an action in the circuit court of the county wherein
such employer, owner, or other person in interest resides, or has his or its principal place
of business against the Secretary of Labor as defendant to enjoin and set aside any such rule
or regulation on the ground that it is invalid or unreasonable. The defendant shall be served
with a copy of the complaint. Service of the complaint may be made by serving a copy or second
original by the sheriff or any deputy sheriff of any county wherein the Secretary of Labor
may be found, or by filing a copy in the office of the Secretary of Labor. (Acts 1939, No.
161, p. 232; Code 1940, T. 26, §19.)...
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28-4-232
Section 28-4-232 Entry of judgment for abatement of nuisance and destruction of all prohibited
liquors and beverages, movable property, etc., used in connection with nuisance. Upon the
final hearing of the action instituted to abate a liquor nuisance, if it shall appear that
the petition has been sustained by the evidence or has been admitted, the court shall enter
a judgment ordering abatement of the nuisance, which judgment shall order the destruction
of all such prohibited liquors and beverages as are found upon the premises, together with
all signs, screens, bars, bottles, glasses and other movable property used in keeping and
maintaining said nuisance, and the destruction of all such liquors and beverages and such
movable property as may have been seized under authority of the court pending the hearing
of the action. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4677; Code
1940, T. 29, §147.)...
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28-4-274
Section 28-4-274 Forfeiture and condemnation proceedings generally - Entry of judgment of dismissal
and return of liquors and beverages, etc., to place or person from which or from whom taken
generally. If the testimony produced on the hearing before the judge or upon such trial before
the judge or court shall fail to establish the complaint or that a ground existed for the
issuance of the warrant or that the liquors and beverages and vessels and receptacles were
kept, stored or deposited for the purpose of unlawful sale, distribution or delivery within
this state, judgment shall be entered dismissing such complaint and providing that such liquors
and beverages and the vessels and receptacles containing the same be returned to the place
from which or to the person from whom they were taken. (Acts 1909, No. 191, p. 63; Acts 1915,
No. 2, p. 8; Code 1923, §4759; Code 1940, T. 29, §228.)...
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34-24-167
Section 34-24-167 Refusal, revocation, or suspension - Notice of hearing; procedure. (a) In
a contested case, all parties shall be afforded an opportunity for hearing after reasonable
notice in writing delivered either by personal service as in civil actions or by certified
mail, return receipt requested. Delivery of the notice referred to in this subsection shall
constitute commencement of the contested case proceeding. (b) The notice shall include: (1)
A statement of the time, place, and nature of the hearing; (2) A statement of the legal authority
and jurisdiction under which the hearing is to be held; (3) A reference to the particular
sections of the statutes and rules involved; (4) A short and plain statement of the matters
asserted. If the State Board of Chiropractic Examiners is unable to state the matters in detail
at the time the notice is served, the initial notice may be limited to a statement of the
issues involved. Thereafter, upon application, a more definite and detailed...
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6-10-123
Section 6-10-123 Enforcement in action. In any civil action, in which a waiver of the right
of homestead or other exemption is sought to be enforced, the fact of waiver and its extent
must be averred in the complaint or petition and by appropriate pleading may be controverted.
If such averment is sustained, the fact of waiver and its extent must be declared in the judgment
and endorsed on the execution or other process issued thereon. Such waiver shall extend to
the costs of the action. (Code 1876, §2849; Code 1886, §2570; Code 1896, §2107; Code 1907,
§4234; Code 1923, §7963; Code 1940, T. 7, §709.)...
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