6-6-146
Section 6-6-146 Restoration of property to claimant at plaintiff's cost. If the plaintiff does
not obtain judgment against the defendant in attachment, all property condemned, when a claim
for the trial of the right of property has been interposed, must be restored to the claimant
at the cost of the plaintiff. (Code 1852, §2559; Code 1867, §2987; Code 1876, §3312; Code
1886, §3001; Code 1896, §568; Code 1907, §2969; Code 1923, §6217; Code 1940, T. 7, §890.)...

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6-10-125
Section 6-10-125 Attachment - Proceedings when waiver not sustained. When such attachment is
levied on property embraced in a declaration of claim of exemption which has been filed for
record, or subsequent to the levy a claim to such property as exempt is interposed, if, on
the trial, the averment of waiver is not sustained, the levy shall be discharged and the property
returned to the defendant, unless the plaintiff, within five days after judgment, shall contest
the claim. If such plaintiff should desire to contest, such contest may be instituted and
prosecuted as in other cases. (Code 1886, §2572; Code 1896, §2109; Code 1907, §4236; Code
1923, §7965; Code 1940, T. 7, §711.)...
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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
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6-6-145
Section 6-6-145 Suspending entry of judgment - Against defendant while claims, etc., settled.
No judgment can be entered against the defendant in attachment when a claim has been interposed
to try the right of property or when the answer of the garnishee is contested or a contest
has arisen about the title to, or interest in, the debt or demand, money or effects garnished
until these questions are settled, unless other property or effects of the defendant are attached
or garnished about which no contest has arisen or unless personal service by summons and complaint
is had on the defendant. (Code 1852, §2558; Code 1867, §2986; Code 1876, §3311; Code 1886,
§3000; Code 1896, §567; Code 1907, §2968; Code 1923, §6216; Code 1940, T. 7, §889.)...

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6-10-34
Section 6-10-34 Contest of exemption claim - Proceedings when inventory discloses personalty
not embraced by claim of exemption. When, on a contest of a claim of exemption to personal
property, an inventory filed by the defendant on the plaintiff's demand discloses other personal
property owned by the defendant and subject to sale under process not embraced in the claim
of exemption, the defendant, at the time of filing the inventory, shall deliver such property
to the officer making the levy, who shall, whether he has returned the process or not, in
case of an execution sell the property as in other cases and apply the proceeds to the satisfaction
of the execution or, in case of an attachment or other mesne process, shall hold the property
to await the final determination of the action. In either event, he shall make due return
of the facts to the court. (Code 1886, §2530; Code 1896, §2056; Code 1907, §4183; Code
1923, §7905; Code 1940, T. 7, §648.)...
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6-10-37
Section 6-10-37 Contest of exemption claim - Garnishment of money, choses in action or personal
property. When money, choses in action or personal property are garnished and the defendant
claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing,
verified by oath, in the court in which such proceedings are pending, accompanied by a statement
setting forth the personal property, choses in action, and money and the location and value
thereof, as required in the statement to be filed under the provisions of Section 6-10-29.
Such claim the plaintiff, in person or by his agent or attorney, may contest as in cases of
contest after declaration filed, and such contest shall be tried and determined as other contests
of claims of exemptions are tried and determined. If the defendant has notice of the garnishment,
the claim of exemption must be interposed before judgment of condemnation, but if not, such
judgment shall not operate to impair or affect his claim of...
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35-11-5
Section 35-11-5 Affidavit and bond required before issue of attachment. In all cases in this
chapter where the process of attachment is authorized, and unless otherwise particularly provided
for in the article declaring the lien, before such attachment shall issue, the plaintiff,
his agent or attorney must make affidavit setting forth the amount of such claim, or if a
toll is claimed, the reasonable value thereof, that one of the enumerated causes for attachment
prescribed in the applicable article exists, that the attachment is not sued out for the purpose
of vexing or harassing the defendant, whether or not the debt or toll is due, and if not,
when the same will be due, that said debt or toll remains unpaid, and must describe therein,
as near as practicable, the property on which the lien is claimed. He must also execute a
bond in double the amount claimed, with sufficient sureties to be approved by the officer
issuing the attachment, payable to the defendant and with the condition...
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6-6-160
Section 6-6-160 Claim of persons not party to writ of execution or attachment, etc., to personal
property levied on; affidavit and bond; delivery of property to claimant. When an execution,
attachment or other like writ, issued from any court or by any officer, is levied on personal
property as to which any person not a party to the writ claims to own the title, legal, or
equitable, or a lien paramount to the right, title, or interest in the property of the defendant
in the writ, such person may try the right to such property before a sale thereof upon making
affidavit by himself, his agent, or attorney, which may be taken by the officer levying the
writ or any officer authorized to administer oaths that he holds such title to, or such lien
upon, the property claimed and executing bond with two good and sufficient sureties, to be
approved by the officer making the levy and payable to the plaintiff in double the value of
the property levied on and claimed, the value thereof to be...
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35-9-100
Section 35-9-100 When reasonable satisfaction may be recovered. A reasonable satisfaction may
be recovered for the use and occupation of land: (1) When there has been a demise by deed
or by parol, and no specific sum agreed on as rent. (2) When the defendant has been let into
possession upon a supposed sale of the lands, which, from the act of the defendant, has not
been consummated. (3) When the tenant remains on the land by sufferance of the owner. When,
after a demise, the tenant, having had 30 days' previous notice, holds over without the consent
of his landlord, he shall pay to such landlord double the value of the customary rent of the
property so withheld. (4) When the defendant has gone in possession of the land unlawfully.
The owner of the land has a lien upon the same property of the defendant, and to the same
extent as the landlord has under section 35-9-30 or section 35-9-60, which may be enforced
by attachment as provided in section 35-9-61 or section 35-9-34, as may be...
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2-2-31
Section 2-2-31 Seizure and condemnation of adulterated, misbranded or substandard article.
Any article, substance, material or product which is subject to the provisions of this article
which is adulterated, misbranded or under the standard, grade, weight or measure claimed,
within the meaning of any provision of law or rules and regulations under authority of law,
and which is manufactured for sale, held in possession with intent to sell, offered or exposed
for sale or sold or delivered within this state shall be liable to be proceeded against in
the circuit court of the county where the same is found and seized for confiscation by writ
of attachment for condemnation. Such writ shall issue upon the sworn complaint of the commissioner
or his duly authorized agent, taken by an officer authorized to administer an oath, to the
effect that such article or product is adulterated or misbranded or is under the standard,
grade, weight or measure claimed, as the case may be, within the meaning...
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