6-6-143
Section 6-6-143 Construction of attachment law; amendments; dismissal. The attachment law must
be liberally construed to advance the manifest intent of the law; the plaintiff, before or
during the trial, must be permitted to amend any defect of form or of substance in the affidavit,
bond or attachment; and no attachment must be dismissed for any defect in the affidavit if
the plaintiff, his agent, or attorney will make a sufficient affidavit or, for any defect
in the bond or for want of a bond, if the plaintiff, his agent or attorney is willing to give
or substitute a sufficient bond. (Code 1852, §2562; Code 1867, §2990; Code 1876, §3315;
Code 1886, §2998; Code 1896, §564; Code 1907, §2965; Code 1923, §6213; Code 1940, T. 7,
§886.)...
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6-6-291
Section 6-6-291 What verdict for plaintiff to specify. If the verdict is for the plaintiff,
it must specify whether it is for the whole or a part only of the premises and, if for a part,
must describe such part, and judgment must be entered accordingly. (Code 1852, §2217; Code
1867, §2618; Code 1876, §2967; Code 1886, §2709; Code 1896, §1549; Code 1907, §3853;
Code 1923, §7467; Code 1940, T. 7, §952.)...
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6-6-336
Section 6-6-336 Extent of inquiry. The estate or merits of the title cannot be inquired into
on the trial of any complaint filed under this article, but all legal and equitable defenses
may be had against a recovery for damages or for the unlawful detention of the land. (Code
1852, §2859; Code 1867, §3307; Code 1876, §3704; Code 1886, §3389; Code 1896, §2135;
Code 1907, §4271; Code 1923, §8012; Code 1940, T. 7, §975.)...
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8-22-17
Section 8-22-17 Equity action by person injured from violation of chapter authorized; injunctive
relief; damages; attorneys fees; jurisdiction. (a) Any person injured by any violation, or
who would suffer injury from any threatened violation, of this chapter may maintain an action
in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened
violation. If in such action a violation or threatened violation of this chapter shall be
established, the court shall enjoin and restrain, or otherwise prohibit, such violation or
threatened violation and, in addition thereto, the court shall assess in favor of the plaintiff
and against the defendant the costs of suit, including reasonable attorney's fees. In such
action it shall not be necessary that actual damages to the plaintiff be alleged or proved,
but where alleged and proved, the plaintiff in said action, in addition to such injunctive
relief and cost of suit, including reasonable attorney's fees, shall...
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18-2-7
Section 18-2-7 Jury to assess value, etc., of one acre of land on opposite side of stream abutting
proposed dam site where applicant not owner of land on both sides. If the applicant is not
the owner of the land on both sides of the stream, the jury must also be charged to ascertain
and assess the value of one acre of land on the opposite side, to include the place where
the proposed dam would abut, and to locate and circumscribe the same by metes and bounds,
having a due regard to the interests of all parties. (Code 1852, §2099; Code 1867, §2491;
Code 1876, §3565; Code 1886, §3191; Code 1896, §1734; Code 1907, §3895; Code 1923, §7514;
Code 1940, T. 19, §40.)...
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43-2-213
Section 43-2-213 Plaintiff required to prove compliance with section 43-2-211. Before a judgment
is rendered in a civil action brought by such foreign executor or administrator, the plaintiff
must prove that he has complied in all respects with the provisions of section 43-2-211, and,
failing to do so, he cannot recover. (Code 1852, §1935; Code 1867, §2294; Code 1876, §2638;
Code 1886, §2292; Code 1896, §361; Code 1907, §2827; Code 1923, §6066; Code 1940, T. 61,
§153.)...
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6-6-290
Section 6-6-290 Effect of judgment by default. A judgment by default against a defendant is
an admission of title in the plaintiff, but to recover costs against the defendant, the plaintiff
must prove defendant's possession of the premises, or some part thereof, at the commencement
of the action. (Code 1852, §2218; Code 1867, §2619; Code 1876, §2968; Code 1886, §2708;
Code 1896, §1548; Code 1907, §3852; Code 1923, §7466; Code 1940, T. 7, §951.)...
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6-6-455
Section 6-6-455 Proceedings when garnishee liable for delivery of personal property. If the
garnishee is liable for the delivery of personal property or for the payment of money which
may be discharged by the delivery of personal property, the value of the property must be
ascertained and a judgment entered against the garnishee that if he does not, by a day to
be fixed by the court which must be a day after the maturity of such contract, deliver such
property to the sheriff or other lawful officer, he must pay the value thereof or the sum
of money which was payable therein. Upon the return of the sheriff or such other officer that
such property was not delivered or the value thereof or such sum of money was not paid to
him as required by the judgment, execution must be issued for the ascertained value of such
property or for the sum of money payable therein, if the same is less than the amount of the
judgment against the defendant in the original action, or, if more or equal thereto,...
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6-8-85
Section 6-8-85 Judgment for defendant - Permissive counterclaims. If the debt or demand permissively
counterclaimed exceeds the amount of the plaintiff's demand, the amount of such excess being
found by the jury or court trying the same, judgment must be entered against the plaintiff
for costs and in favor of the defendant for such excess, and where there is more than one
defendant and the debt or demand permissively counterclaimed belongs to only one defendant,
then judgment for such excess must be entered in favor of such defendant for such excess.
(Code 1852, §2241; Code 1867, §2643; Code 1876, §2992; Code 1886, §2679; Code 1896, §3729;
Code 1907, §5860; Code 1923, §10174; Code 1940, T. 7, §352.)...
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12-22-73
Section 12-22-73 Affirmation of stayed judgment - Right of property. When an appeal is taken
on a trial of the right of property and the judgment is stayed by the execution of a supersedeas
bond, if the appellate court affirms the judgment of the court below, it must also enter judgment
against the obligors in said bond for the amount of the costs of the appellate court. (Code
1852, §3024; Code 1867, §3494; Code 1876, §3935; Code 1886, §3663; Code 1896, §479; Code
1907, §2894; Code 1923, §6154; Code 1940, T. 7, §815; Acts 1987, No. 87-188, p. 259, §2.)...

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