6-5-755
Section 6-5-755 Recovery; contribution. (a) In an action against a manufacturer and one or
more other defendants, including other manufacturers, for death or injury to person or damage
to property arising out of an accident, the right of the plaintiff to recover jointly and
severally against such defendants found liable is preserved. (b) Notwithstanding subsection
(a), in an action arising out of such accident, if the respective or comparative responsibility
of tortfeasors is an issue, then the jury shall return special verdicts, or in the absence
of a jury the court shall make special findings, allocating the percentage of responsibility
attributable to each defendant found to have proximately caused the accident. (c) Responsibility
for the accident may be allocated to a nonparty in an action under the procedure described
in subsection (b) if each of the following requirements are satisfied: (1) A defendant affirmatively
pleads the responsibility of a nonparty as a proximate cause of...
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6-6-262
Section 6-6-262 Execution, garnishment, or other process on bond. If the unsuccessful party,
who has given bond and taken the property into possession fails, for 30 days after the judgment,
to deliver the property and to pay the damages assessed for the detention thereof and the
costs, the sheriff must, upon the bond, make return of the fact of such failure; and, thereupon,
the bond has the force and effect of a judgment on which execution, garnishment, or other
process may issue against any, or all, the obligors therein for the alternative value of the
property as assessed by the jury and the damages assessed for its detention and the costs.
If the property is delivered and the damages assessed for its detention and the costs are
not paid, the sheriff must, upon the bond, make return of the fact, and execution, garnishment,
or other process must issue against any or all of the obligors for such damages and costs,
or for either, as either may be unpaid. (Code 1852, §2195; Code 1867,...
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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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6-6-75
Section 6-6-75 Alias writs of attachment or new writs of garnishment. Alias writs of attachment
or new writs of garnishment may be issued without a renewal of the bond or affidavit in cases
where no property, or an insufficient amount thereof to satisfy the plaintiff's demand, has
been found, or when, pending the action, the plaintiff wishes to garnish other persons. (Code
1852, §2560; Code 1867, §2988; Code 1876, §3313; Code 1886, §2955; Code 1896, §546; Code
1907, §2946; Code 1923, §6194; Code 1940, T. 7, §867.)...
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11-53B-8
Section 11-53B-8 Failure to make payment. If the property owner fails to pay the assessment
lien within 30 days, or having elected to make installment payments, fails to make any installment
payment when due, the whole assessment lien shall immediately become due and payable, and
the officer designated by the municipality to collect the assessment lien shall proceed to
sell the property against which the assessment lien is made to the highest bidder for cash,
but in no event less than the amount of the lien plus interest through the date of default.
Prior to the sale, notice shall be given by publication once a week for three consecutive
weeks in a newspaper published in the municipality or of general circulation therein, setting
forth the date and time of the sale and the purpose for which the same is made, together with
a description of the property to be sold. If the officer shall fail to advertise and sell
any property on which the payments are past due, any taxpayer of the issuing...
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12-21-1
Section 12-21-1 Production of books, etc., generally - By parties; failure to comply. (a) The
court may, on motion and due notice thereof, require the parties to produce books, documents
or writings in their possession, custody, control or power which contain evidence pertinent
to the issues. (b) If the plaintiff or prosecution fails to comply with such order, the court
may, on motion, give the like judgment for the defendant as in cases of dismissal; and, if
the defendant fails to comply with such order, the court may, on motion, give judgment against
him by default. (Code 1896, §§1859, 1860; Code 1907, §§4058, 4059; Code 1923, §§7774,
7775; Code 1940, T. 7, §§487, 488.)...
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43-2-751
Section 43-2-751 Action by creditor to recover dividend. (a) Any creditor of an insolvent estate,
whose claim is not barred, may bring a civil action against any person who has received any
dividend of such estate and may recover from him such an amount of the dividend he has received
as shall be in the same proportion thereto as the claim of the plaintiff bears to the debts
of the estate distributed, including the claim of the plaintiff. (b) But, in such action,
the defendant may reduce the recovery, by showing that such dividend has been reduced by the
recovery or payment of the claims of other creditors of such estate in the like proportion.
(c) In such action, the plaintiff must pay the costs, unless he proves that he has exhibited
his claim and demanded of the defendant his proportion of the dividend received by him before
the commencement of the action. (Code 1852, §§1864-1866; Code 1867, §§2213-2215; Code
1876, §§2585-2587; Code 1886, §§2255-2257; Code 1896, §§323-325;...
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6-6-284
Section 6-6-284 Disclaimer of possession by defendant. Along with any other defenses he may
have in an action of ejectment or in an action in the nature of ejectment, the defendant may
disclaim possession of the premises sued for in whole or in part. If the defendant pleads
the defense of disclaimer only and no other, the plaintiff may take judgment or may take issue;
and, if the issue is found for him, he is entitled to judgment as if the defendant had, in
an action of ejectment, entered into the consent rule, confessing possession as well as lease,
entry, and ouster or, in an action in the nature of an action of ejectment, had admitted possession.
(Code 1852, §2213; Code 1867, §2614; Code 1876, §2963; Code 1886, §2699; Code 1896, §1533;
Code 1907, §3843; Code 1923, §7457; Code 1940, T. 7, §942.)...
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18-1A-232
Section 18-1A-232 Award of litigation expenses. (a) The court shall award the defendant his
litigation expenses, in addition to any other amounts authorized by law, if the action is
wholly or partly dismissed for any reason. (b) If the scope of the property to be taken is
reduced as the result of (1) a partial dismissal, (2) a dismissal of one or more plaintiffs,
or (3) a final judgment determining that the plaintiff cannot take part of the property originally
sought to be taken, the court shall award the defendant the portion of his litigation expenses
attributable to the property within the scope of the reduction. (c) Costs and litigation expenses
authorized by this section may be claimed, taxed, and awarded under the same procedures that
apply to costs in other civil actions. (Acts 1985, No. 85-548, p. 802, §1303.)...
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18-1A-72
Section 18-1A-72 Contents of complaint; property already subject to public use; easement to
cross line of another railroad; map or diagram to accompany complaint. (a) In addition to
other allegations required or permitted by law, the complaint shall: (1) Designate as a plaintiff
each person on whose behalf the property is sought to be taken; (2) Name as defendants all
persons who to the plaintiff's knowledge are owners of or who have or claim any interest in
the property sought to be taken; specify the nature of each defendant's interest. Defendants
whose names are not known may be included under the designation "unknown claimants"
provided reasonable diligence has been used to ascertain the same, and where the interest
of the defendant is unknown the complaint may so state; (3) Contain a legal description of
the property and of the interest therein sought to be taken; (4) Allege the basis of the plaintiff's
right to take the property by eminent domain and maintain the action,...
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