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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18-1A-233
Section 18-1A-233 Restitution of property and damages. If the action is dismissed for any reason,
and the defendant has vacated the property under an order of possession or in reasonable contemplation
of its taking by the plaintiff, the circuit court, upon demand of the defendant, shall order
the plaintiff to (1) deliver possession of the property to the defendant or other person entitled
thereto, and (2) pay damages to the defendant as justice requires, including damages for any
injury to or impairment of the value of the property not within the reasonable control of
the defendant. (Acts 1985, No. 85-548, p. 802, §1304.)...
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6-10-35
Section 6-10-35 Contest of exemption claim - Tender of issue by plaintiff on inventory filed
by defendant; determination thereof. When, on a contest of a claim of exemption to personal
property, an inventory has been filed by the defendant, an issue may be tendered by the plaintiff
that the defendant has other personal property subject to levy and sale under the process
not embraced in the inventory or that the inventory discloses that the defendant has other
personal property subject to levy and sale under the process not embraced in the claim of
exemption which he has failed to deliver to the officer levying the process. If such issue
is determined in favor of the plaintiff, the value of such property shall be ascertained and
estimated in ascertaining the amount of the exemption to which the defendant is entitled and
be deducted from his or her claim in contest as if such property had been selected by him
or her as part of his or her exemptions. (Code 1876, §2839; Code 1886, §2531;...
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6-3-2
Section 6-3-2 Venue of actions - Against individuals. (a) In proceedings of a legal nature
against individuals: (1) All actions for the recovery of land, of the possession thereof,
or for a trespass thereto must be commenced in the county where the land or a material part
thereof lies. (2) All actions on contracts, except as may be otherwise provided, must be commenced
in the county in which the defendant or one of the defendants resides if such defendant has
within the state a permanent residence. (3) All other personal actions, if the defendant or
one of the defendants has within the state a permanent residence, may be commenced in the
county of such residence or in the county in which the act or omission complained of may have
been done or may have occurred. (b) In proceedings of an equitable nature against individuals:
(1) All actions where real estate is the subject matter of the action, whether it is the exclusive
subject matter of the action or not, must be commenced in the...
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6-6-541
Section 6-6-541 Contents of complaint. The complaint authorized by Section 6-6-540 must describe
the lands with certainty, must allege the possession and ownership of the plaintiff and that
the defendant claims, or is reputed to claim, some right, title, or interest in, or encumbrance
upon, such lands and must call upon him to set forth and specify his title, claim, interest,
or encumbrance and how and by what instrument the same is derived and created. (Code 1896,
§810; Code 1907, §5444; Code 1923, §9906; Code 1940, T. 7, §1110.)...
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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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16-20-6
Section 16-20-6 When title acquired by adverse possession. When a person is in possession of
any sixteenth section lands under color of title, and has been in such possession for more
than 20 years prior to the first day of May, 1908, and neither the state, nor any department
thereof, holds any note, bond, obligation or other contract of anyone for the purchase money
of such land, and the Commissioner of the Department of Conservation and Natural Resources
and the Director of Finance shall so certify, and the Attorney General shall certify that
proof of adverse possession, by the person now in possession, or coupled with his predecessor
in possession, for 20 years prior to May 1, 1908, under color of title, has been made, which
proof is satisfactory to the Attorney General. The Governor must cause a patent to issue to
said land under the seal of the state to the person entitled thereto. Notwithstanding the
foregoing provisions of this section, if the Attorney General is satisfied with...
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6-10-36
Section 6-10-36 Contest of exemption claim - Assessment of value of property and damages resulting
from detention on bond; judgment and execution on bond. When bond has been executed by the
plaintiff or defendant for the forthcoming of the property in contest, the value of the property,
and the damages resulting from its detention must be assessed by the court or jury trying
the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property
and pay the damages as required by the condition of the bond, it shall be the duty of the
sheriff to make due return of that fact; and, upon such return being made, the bond shall
have the force and effect of a judgment, and execution may issue thereon against the obligors
on the bond for the value of the property and the damages assessed, or either, and costs.
(Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code 1923, §7907;
Code 1940, T. 7, §650.)...
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6-6-282
Section 6-6-282 Actions by mortgagee, etc., against mortgagors, etc. If the action is by a
mortgagee or his assignee against the mortgagor, or anyone holding under him, the defendant
may plead payment of the mortgage debt or the performance of the condition of the mortgage,
or any matter which might be pleaded to a direct civil action for the recovery of the mortgage
debt, except the statute of limitations. The jury must pass upon such answers and must ascertain
the amount of the mortgage debt if any is found to exist. If the verdict is for the defendant,
judgment must be entered for him; but if the verdict ascertains an amount due on the mortgage
debt, judgment must be entered for the plaintiff for the possession of the land and the costs,
and the amount of the mortgage debt, as ascertained by the jury, must be stated in the judgment.
If, within 30 days after the entry of the judgment, the defendant shall pay to the plaintiff,
or to the clerk for his use, such debt, interest, and...
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6-6-45
Section 6-6-45 Execution of bond by plaintiff; discharge of levy. Such officer must, when the
attachment is sued out otherwise than upon the ground that the defendant is a nonresident,
further require the plaintiff, his agent, or attorney to execute a bond in double the amount
claimed, with sufficient surety, payable to the defendant, with the condition that the plaintiff
will prosecute the attachment to effect and pay the defendant all such damages as he may sustain
by the wrongful or vexatious suing out of such attachment. When the attachment is sued out
upon the ground that the defendant is a nonresident, such officer shall issue the writ with
or without a bond being given, as the plaintiff may elect. If such attachment is issued without
bond, that fact must be endorsed on the writ. Should the defendant before the return day thereof,
in person or through his agent or attorney, make an unqualified appearance in the case, it
is the duty of the clerk to issue notice to the plaintiff or...
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