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43-2-648
Section 43-2-648 Refunding bonds - Rights of parties among themselves. Any party making a payment
on any refunding bond taken under this division, may recover against the parties to any other
refunding bond such an amount as shall be in the same proportion to the amount collected from
the plaintiff, as the amount of money and value of the property delivered on both bonds bears
to the amount of money or property delivered on the bond of the defendant. (Code 1852, §1788;
Code 1867, §2115; Code 1876, §2492; Code 1886, §2208; Code 1896, §276; Code 1907, §2734;
Code 1923, §5973; Code 1940, T. 61, §375.)...
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6-10-121
Section 6-10-121 How made - Personalty. As to personal property, the waiver may be made by
a separate instrument in writing, subscribed by the party making the same, or it may be included
in any bond, bill of exchange, promissory note, or other written contract executed by him
or her. (Code 1876, §§2847, 2848; Code 1886, §2568; Code 1896, §2105; Code 1907, §4232;
Code 1923, §7961; Code 1940, T. 7, §707.)...
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6-2-30
Section 6-2-30 Commencement of actions - Generally; actions for injuries resulting from exposure
to asbestos. (a) All civil actions must be commenced after the cause of action has accrued
within the period prescribed in this article and not afterwards, unless otherwise specifically
provided for in this code. (b) A civil action for any injury to the person or rights of another
resulting from exposure to asbestos, including asbestos-containing products, shall be deemed
to accrue on the first date the injured party, through reasonable diligence, should have reason
to discover the injury giving rise to such civil action. This subsection shall not apply to
or affect in any way, actions referred to in Section 6-5-482. (Code 1852, §2474; Code 1867,
§2898; Code 1876, §3223; Code 1886, §2612; Code 1896, §2793; Code 1907, §4832; Code 1923,
§8941; Code 1940, T. 7, §18; Acts 1980, No. 80-566, p. 876, §2.)...
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6-5-1
Section 6-5-1 Right to commence actions - Generally. (a) The state may commence an action in
its own name and is entitled to all remedies provided for the enforcement of rights between
individuals without giving bond or security or causing an affidavit to be made, though the
same may be required as if the action were between private citizens. (b) The district attorney
of the circuit in which an action by the state is pending must attend to the same on the part
of the state, and the Governor of the state may employ assistant counsel if he deems it necessary.
The written direction of the Governor to the attorney of record is sufficient authority for
commencing such an action, and the trial judge may determine the amount of compensation. If
unsuccessful, the state is liable for costs as individual parties are. (c) Actions commenced
by the state are to be governed by the same rules as in actions between individuals. (Code
1852, §2137; Code 1867, §§2533, 3323; Code 1876, §§2902, 3755;...
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6-5-284
Section 6-5-284 Instrument lost or destroyed by theft, etc.; evidence of loss, destruction
and contents; execution bond. (a) In an action commenced on a bond, note, bill of exchange,
or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is
made by the plaintiff of such loss or destruction and the contents thereof and that the same
has not been paid or otherwise discharged and accompanies the complaint, it must be received
as presumptive evidence both of the contents and loss or destruction of such instrument, unless
the defendant by answer, verified by affidavit, denies the execution of such bond, note, or
bill or the endorsement, acceptance, or the contents thereof, in which case proof of such
execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that
this section must not be so construed as to authorize an action for the recovery of bank notes
or bills issued to circulate as money and alleged to be lost or...
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8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor, or warrantor
injured by another party's violation of this chapter may bring a civil action in circuit court
to recover actual damages. The court shall award attorney's fees and costs to the prevailing
party in such an action. Venue for any civil action authorized by this section shall be exclusively
in the county in which the dealer's business is located. In an action involving more than
one dealer, venue may be in any county in which any dealer that is party to the action is
located. (b)(1) Prior to bringing suit under this section, the party bringing suit for an
alleged violation shall serve a written demand for mediation upon the offending party. a.
The demand for mediation shall be served upon the other party via certified mail at the address
stated within the manufacturer and dealer agreement between the parties. b. The demand for
mediation shall contain a brief statement of the dispute and the...
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10A-1-8.02
Section 10A-1-8.02 Mergers of entities. (a) A merger of two or more entities, whether the other
entity or entities are the same or another form of entity, may be accomplished as provided
in this section. (1) CORPORATIONS. a. In the case of a corporation, other than a nonprofit
corporation, that is a party to a merger, a plan of merger must be approved in accordance
with the procedures and by the stockholder vote required by Article 11 of Chapter 2A. If the
governing documents of the corporation provide for approval of a merger by less than all of
the corporation's stockholders, approval of the merger shall constitute corporate action subject
to appraisal rights pursuant to Article 13 of Chapter 2A, as applicable. No merger of a corporation
into a general or limited partnership may be effected without the consent in writing of each
stockholder who will have personal liability with respect to the surviving entity, notwithstanding
any provision in the governing documents of the...
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11-40-62
Section 11-40-62 Definitions. As used in this article, the following words and phrases shall
have the following meanings: (1) INTERESTED PARTY. Includes the following parties: a. The
person who last appears as owner of the real property in the county office of the judge of
probate's property records. b. The current mortgagee of record of the property or assignee
of record of the mortgagee. c. The current holder of a beneficial interest in a deed of trust
recorded against the real property. d. A tax certificate holder. e. A tax sale purchaser that
holds a deed of purchase in accordance with Section 40-10-29. f. Any party having an interest
in the real property, or in any part thereof, legal or equitable, in severalty or as tenant
in common, whose identity and addresses are reasonably ascertainable from the records of the
Class 2 municipality or records maintained in the county office of the judge of probate or
as revealed by a full title search, consisting of 50 years or more. g. An...
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11-49-106
Section 11-49-106 Liability for damages for vacation of street. The party for whom the street
may be vacated under this article shall be liable to the owners of property adjacent thereto
in any civil action for any special damages suffered by them. (Acts 1909, No. 67, p. 102;
Code 1923, §2244; Code 1940, T. 37, §669.)...
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11-70A-2
Section 11-70A-2 Initiation and notice of action. (a) Any Class 3 municipality may initiate
an expedited quiet title and foreclosure action under this section against a parcel of tax
sale property located within its municipal limits and purchased by the municipality from the
State Land Commissioner. The municipality shall record, in the office of the judge of probate
in the county in which the property is located, a notice of its intention to file an expedited
quiet title and foreclosure action. The notice shall include a legal description of the property,
street address of the property if available, a statement that the property is subject to expedited
quiet title and foreclosure proceedings under this chapter, and a statement that those proceedings
may extinguish any legal interests in the property. As used herein, "interested parties"
shall mean the owner, his or her heirs or personal representatives, any mortgagee or purchaser
of the subject property or any part thereof, and any...
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