15-15-2
Section 15-15-2 Judgment may be pleaded without averring jurisdictional facts. In pleading
a judgment or other judicial proceeding or determination of any court or officer, such judgment,
proceeding or determination may be alleged to have been duly made or rendered without stating
the facts conferring jurisdiction; but the facts necessary to show jurisdiction must be proved
on the trial. (Code 1852, §580; Code 1867, §4130; Code 1876, §4803; Code 1886, §4441;
Code 1896, §5265; Code 1907, §7568; Code 1923, §5198; Code 1940, T. 15, §281.)...
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6-6-147
Section 6-6-147 Execution upon judgment by plaintiff. If the judgment of the plaintiff is not
satisfied by the property attached or by the garnishee, execution must issue thereon, which
may be levied on and satisfied by any property of the defendant; and the plaintiff may proceed
to a sale of the property attached by a writ of execution. (Code 1852, §2773; Code 1867,
§3001; Code 1876, §3326; Code 1886, §3003; Code 1896, §570; Code 1907, §2971; Code 1923,
§6219; Code 1940, T. 7, §892.)...
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6-6-457
Section 6-6-457 Proceedings on failure to appear and answer. If the garnishee fails to appear
and answer, a conditional judgment must be entered against him for the amount of the plaintiff's
claim, as ascertained by his judgment, to be made absolute unless he appears within 30 days
after notice of the conditional judgment issued by the clerk, to be served on him, as other
process, by the sheriff. If he fails to appear within the time required by the notice served
upon him or if two notices are returned "not found" by the sheriff of the county
in which the garnishment was executed, the judgment must be made absolute. (Code 1852, §2545;
Code 1867, §2973; Code 1876, §3298; Code 1886, §2980; Code 1896, §2195; Code 1907, §4324;
Code 1923, §8075; Code 1940, T. 7, §1019.)...
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6-6-460
Section 6-6-460 Judgment when issue found against garnishee. If such issue is found against
the garnishee, judgment must be entered against him in favor of the plaintiff, if necessary,
to satisfy his claim or judgment against the defendant or in favor of the defendant, if such
judgment has been satisfied. (Code 1852, §2548; Code 1867, §2976; Code 1876, §3301; Code
1886, §2983; Code 1896, §2198; Code 1907, §4327; Code 1923, §8078; Code 1940, T. 7, §1022.)...

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28-4-275
Section 28-4-275 Forfeiture and condemnation proceedings generally - Apportionment and taxing
of costs. If judgment shall be against only one party defendant appearing, he shall be charged
to pay all the costs of the proceeding in the seizure and detention of the liquors and beverages
and vessels and receptacles claimed by him and the costs of the trial. But if judgment shall
be entered against more than one party claiming distinct parts of or interests in said liquors
and beverages and vessels and receptacles, then the cost of the proceeding and trial may be
equitably apportioned among the defendants for the amount of cost to be adjudged against them
according to the discretion of the judge or court. In the event no one appears to contest
the complaint or if the complaint is not sustained and no judgment of forfeiture is obtained,
the costs shall be taxed and paid as costs are taxed and paid in criminal prosecutions wherein
the state fails, and this rule shall apply as to any separate...
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43-2-812
Section 43-2-812 Judgment certified to probate court; execution for costs. If such judgment
is for the plaintiff, and it is shown to the court that such estate has been declared insolvent,
an order must be made to the effect that no execution issue on such judgment, but that the
same be certified to the proper probate court. Upon a certified copy of such judgment being
filed as a claim against the estate, it must be allowed with the costs against such estate,
unless shown to have been obtained by collusion; and when such judgment is certified, the
clerk may demand of the plaintiff payment of all costs incurred in obtaining the same. If
the plaintiff fails for 20 days after the judgment is so certified to pay such costs, execution
may issue against him for the same as in other cases. (Code 1852, §1860; Code 1867, §2209;
Code 1876, §2581; Code 1886, §2251; Code 1896, §319; Code 1907, §2795; Code 1923, §6034;
Code 1940, T. 61, §421.)...
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6-5-466
Section 6-5-466 Revival in case of death of one or more defendants jointly sued. (a) The death
of one or more defendants jointly sued does not, as to the defendant dying, abate a claim
upon which an action has been filed if the claim survives; but such a claim may be revived
against the proper representative of such defendant and such representative and the surviving
defendant or defendants may be proceeded against jointly or severally, at the election of
the plaintiff. (b) Under this section, the judgment entered must be several, but against a
personal representative, if he objects, judgment must not be entered until after the expiration
of six months from the grant of letters testamentary or of administration. (c) Under this
section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all,
except as to costs; but if requested, the plaintiff must assign, without recourse on him,
the judgment against a principal debtor to the party from whom satisfaction is...
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6-6-663
Section 6-6-663 Hearing and determination. Unless in cases otherwise directed by this article,
the court must hear and determine the motion and enter judgment upon the evidence without
a jury unless an issue is tendered and a jury trial demanded, when a jury must be immediately
impaneled to try the facts, unless good cause shall be shown for a continuance. (Code 1852,
§2599; Code 1867, §3028; Code 1876, §3354; Code 1886, §3098; Code 1896, §3766; Code 1907,
§5902; Code 1923, §10229; Code 1940, T. 7, §593.)...
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6-8-100
Section 6-8-100 Answer of tender; judgment thereon. An answer of tender of money or of a thing
in action must be accompanied by a delivery of the money or such thing in action to the clerk
of the court. If the tender is of ponderous articles or other personal property, the answer
must aver a readiness to deliver it to the plaintiff. Judgment for the defendant upon the
answer vests the title to the thing tendered in the plaintiff, subject to any claim the defendant
may have for his trouble in keeping it. (Code 1852, §§2245, 2246; Code 1867, §§2648, 2649;
Code 1876, §§2997, 2998; Code 1886, §2585; Code 1896, §3298; Code 1907, §5334; Code 1923,
§9473; Code 1940, T. 7, §228.)...
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12-16-1
Section 12-16-1 When words "jury" or "juries" include court or judge. Whenever
the statutes or laws of this state authorize or require the jury to ascertain or determine
certain facts, to make certain findings or to fix the amount of damages, the value of property
or the value of the use, hire or rent of property and a jury trial is waived or the court
or judge trying the case is authorized to find and determine the facts as well as the law,
then the word "jury" or "juries" shall be held to include the court or
judge so trying the case. (Code 1923, §9499; Code 1940, T. 7, §261.)...
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