6-6-410
Section 6-6-410 Debt or demand on which action pending. A debt or demand which is subject to
garnishment may be reached and subjected though an action may be pending thereon; and if the
action is not pending in the court from which the garnishment issues, the court, on proof
by the garnishee of the pendency of the garnishment, must, on the entry of judgment, stay
execution until notified by the clerk of the court in which the garnishment or attachment
is instituted that final judgment has been entered, in which case he must make the appropriate
order according to whether the judgment is entered for the plaintiff or defendant. (Code 1852,
§2524; Code 1867, §2951; Code 1876, §3276; Code 1886, §2952; Code 1896, §2177; Code 1907,
§4306; Code 1923, §8057; Code 1940, T. 7, §1001.)...
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6-4-4
Section 6-4-4 Commencement of action on Sunday. Whenever the plaintiff shall make an affidavit
that he is informed and believes that the defendant is about to abscond or to remove out of
the state, or is about to secrete himself so that service cannot be had upon him on the following
day, he shall be allowed to file his complaint in any of the courts of this state on Sunday.
Upon the filing thereof, a summons shall immediately issue and be served by the sheriff upon
the defendant on the same day of its issuance, and if he cannot be found on that day, then
it shall be served as any other summons and complaint. (Code 1907, §5298; Code 1923, §9416;
Code 1940, T. 7, §346.)...
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6-6-452
Section 6-6-452 Payment of defendant's money into court if garnishee admits possession thereof.
If the garnishee admits the possession of money belonging to the defendant, he must pay the
same or so much thereof as may be necessary to satisfy the plaintiff's demand and costs into
court to await the order of the court; and, if he fails to make such payment, he is liable
as if he had admitted an indebtedness for the amount of such money. (Code 1886, §2979; Code
1896, §2194; Code 1907, §4323; Code 1923, §8074; Code 1940, T. 7, §1018.)...
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6-6-594
Section 6-6-594 Joinder - Alleged corporation as party defendant. When the action is against
persons acting as a corporation without being duly incorporated, the alleged corporation may
be joined as a party defendant, and such joinder does not admit its corporate existence or
otherwise prejudice the case of the plaintiff. A judgment and execution may go against it
by its alleged corporate name, as in other cases. (Code 1896, §3423; Code 1907, §5456; Code
1923, §9935; Code 1940, T. 7, §1139.)...
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15-6-61
Section 15-6-61 Forfeiture; remittance of amount specified. (a) An undertaking to keep the
peace is forfeited by the commission by the defendant of any offense upon the person or property
of another, which may be ascertained by a jury, without the conviction of the defendant therefor,
in the circuit court on 10 days' notice to the parties against whom the forfeiture is sought.
(b) On a forfeiture of an undertaking to keep the peace, the court may remit any portion of
the amount specified therein, according to the circumstances of the case. (Code 1852, §§426,
427; Code 1867, §§3976, 3979; Code 1876, §§4045, 4046; Code 1886, §§4699, 4700; Code
1896, §§5180, 5181; Code 1907, §§7539, 7540; Code 1923, §§5157, 5158; Code 1940, T.
15, §§420, 421.)...
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6-6-286
Section 6-6-286 Proceedings upon defendant's suggestion of adverse possession. (a) When an
action is commenced to recover land or the possession thereof, the defendant may, at any time
before the trial, suggest upon the record that he, and those whose possession he has, have,
for three years next before the commencement of the action, had adverse possession thereof,
which must be construed to mean the same character of possession as will put in operation
the statute of limitations. In such case, if the jury finds for the plaintiff, it must also
ascertain by its verdict whether such suggestion is true or false. If the jury finds it to
be false, it must return a verdict for the damages as in ordinary cases. If the jury finds
it to be true, it must assess the value, at the time of trial, of the permanent improvements
made by the defendant, or those whose estate he has, and also ascertain by its verdict the
value of the lands and of the use and occupation thereof, not including the...
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6-6-52
Section 6-6-52 When issued and executed on Sunday. Attachments may issue and be executed on
Sunday if the plaintiff, his agent or attorney, in addition to the oath prescribed for the
issue of such process, makes affidavit that the defendant is absconding, or is about to abscond,
or is about to remove his property from the state and gives the bond required in this article.
(Code 1867, §2941; Code 1876, §3266; Code 1886, §2943; Code 1896, §538; Code 1907, §2938;
Code 1923, §6186; Code 1940, T. 7, §859.)...
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6-9-161
Section 6-9-161 Tendering value of restored property by bond obligors where same dead or destroyed.
When property is restored to the defendant on the execution of a forthcoming bond and the
same dies or is destroyed before the day for the delivery thereof without fault on his part,
the obligors in the bond may tender the value thereof to the plaintiff, his agent or attorney,
and if such tender is refused, the obligors in such bond may, on petition to the judge of
the circuit court, supersede the same. (Code 1852, §2470; Code 1867, §2890; Code 1876, §3217;
Code 1886, §2921; Code 1896, §1919; Code 1907, §4138; Code 1923, §7853; Code 1940, T.
7, §565.)...
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6-9-211
Section 6-9-211 Judgment constitutes lien on property of defendant. Every judgment, a certificate
of which has been filed as provided in Section 6-9-210, shall be a lien in the county where
filed on all property of the defendant which is subject to levy and sale under execution,
and such lien shall continue for 10 years after the date of such judgment; provided, that
when an action or other proceeding to enforce or foreclose said lien is instituted or begun
within said 10 years, but has not been completed, decided, or determined within said 10-year
period, and at the time said action or proceeding is instituted or begun, or lien claimed
therein, a lis pendens notice thereof is filed in the office of the judge of probate of the
county in which said property is situated, the lien provided for in this section shall continue
as to the property upon which said lien is claimed in said action or proceeding and may be
enforced or foreclosed in that action as if said 10-year period had not...
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8-25-4
Section 8-25-4 Reinstatement of agreement after failure to make timely payment. A consumer
who fails to make a timely rental payment may reinstate an agreement without losing any rights
or options previously acquired, by taking the required action within five days if the consumer
pays monthly or within two days if the consumer pays more frequently than monthly. Nothing
in this section shall prevent the accrual of any late charges or reinstatement fees charged
by the merchant. Nothing in this section shall prevent the merchant from attempting repossession
of the merchandise during the reinstatement period, and the consumer's right to reinstate
an agreement shall not expire because of such a repossession. A consumer must pay all rental
and other charges due or return the merchandise to the merchant if the merchant so requests
during the reinstatement period. If the merchandise is returned during the applicable reinstatement
period other than through judicial process, the right to...
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