6-6-393
Section 6-6-393 Issuance and service of process. Upon the filing of the affidavit or the affidavit
and bond, as the case may be, the officer filing the same must issue process of garnishment
and a copy thereof for each garnishee, to be served by the proper officer, requiring the garnishee
to appear within 30 days and file an answer, upon oath, whether, at the time of the service
of the garnishment, at the time of making his answer or at any time intervening between the
time of serving the garnishment and making the answer he was indebted to the defendant and
whether he will not be indebted in future to him by a contract then existing, whether by a
contract then existing he is liable to him for the delivery of personal property or for the
payment of money which may be discharged by the delivery of personal property or which is
payable in personal property and whether he has not in his possession or under his control
money or effects belonging to the defendant. (Code 1852, §2517; Code...
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6-6-450
Section 6-6-450 Filing of answer; notice thereof; oral examination. The garnishee must answer
under oath according to the terms of the garnishment; and, upon filing, the clerk or register
shall give the plaintiff and defendant notice, and the garnishee may, if required by the plaintiff,
be examined orally in the presence of the court. Any demand for oral examination required
by the plaintiff after filing of written answer by the garnishee must be made by motion filed
within 30 days from the date of notice of filing answer. (Code 1923, §8067; Code 1940, T.
7, §1011.)...
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6-6-455
Section 6-6-455 Proceedings when garnishee liable for delivery of personal property. If the
garnishee is liable for the delivery of personal property or for the payment of money which
may be discharged by the delivery of personal property, the value of the property must be
ascertained and a judgment entered against the garnishee that if he does not, by a day to
be fixed by the court which must be a day after the maturity of such contract, deliver such
property to the sheriff or other lawful officer, he must pay the value thereof or the sum
of money which was payable therein. Upon the return of the sheriff or such other officer that
such property was not delivered or the value thereof or such sum of money was not paid to
him as required by the judgment, execution must be issued for the ascertained value of such
property or for the sum of money payable therein, if the same is less than the amount of the
judgment against the defendant in the original action, or, if more or equal thereto,...
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6-6-569
Section 6-6-569 Judgment - Contents. If, upon the hearing of the case set out under Section
6-6-561, the title to the lands or any part of the lands described in the complaint or any
interest claimed by the plaintiff, counterclaimant, or claimant, in said property, or any
part thereof, be duly proved, the court shall adjudge the title to such property, or the interest
therein, claimed in the complaint to be in the plaintiff, counterclaimant, or claimant, or
partly in one and partly in the other, specifying the part in or to which each has title or
interest, and such judgment shall be binding and conclusive on all parties made defendant
in said case. (Acts 1923, No. 526, p. 699; Code 1940, T. 7, §1126; Acts 1951, No. 882, p.
1521, §7.)...
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6-6-597
Section 6-6-597 Addition of person rightly entitled to office; entry of judgment on such right;
delivery of books, papers, and property. (a) When the action is commenced against a person
for usurping an office, the name of the person rightly entitled to the office, with a statement
of his right thereto, may be added, and, when added, judgment may be entered upon the right
of the defendant and also upon the right of the party so alleged to be entitled or only upon
the right of the defendant, as justice may require. (b) If judgment is entered upon the right
of the person so alleged to be entitled and the same is in favor of such person, he is entitled,
after taking the oath of office and executing such official bond as may be required, to take
upon himself the execution of the office, and it is his duty, immediately thereafter, to demand
of the defendant all the books, papers, and property in his custody, or within his power,
belonging to the office. On refusal or neglect to deliver over...
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6-9-150
Section 6-9-150 Conveyance by sheriff of lands sold by predecessor. When any sheriff authorized
by law to sell real estate makes such sale and dies or vacates his office before making a
conveyance to the purchaser thereof, the court from which the writ issued, upon proof of the
sale and of the payment of the purchase money, may order the successor in office of the sheriff
making such sale to make a conveyance of such lands to the purchaser, and such conveyance
shall relate back to the date of the sale. If the purchaser is the plaintiff in the judgment,
proof that he has credited, or the fact that he does credit, on the record the defendant with
the amount of the purchase money, less the necessary expenses and costs, is equivalent to
proof of payment of the purchase money. (Code 1867, §2869; Code 1876, §3207; Code 1886,
§2916; Code 1896, §1915; Code 1907, §4133; Code 1923, §7848; Code 1940, T. 7, §560.)...

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11-47-191
Section 11-47-191 Institution of actions, entry, and execution of judgments against municipalities
and other persons or corporations jointly liable. (a) The injured party, if he institutes
a civil action against the municipality for damages suffered by him, shall also join such
other person or persons or corporation so liable as defendant or defendants of the civil action,
and no judgment shall be entered against the city or town unless judgment is entered against
such other person or corporation so liable for such injury, except where a summons is returned
not found as to a defendant or when judgment is entered in his favor on some personal defense,
and if a civil action be brought against the city or town alone and it is made to appear that
any person or corporation ought to be joined as a defendant in the action according to the
provisions in Section 11-47-190, the action shall be dismissed, unless the plaintiff amends
his complaint by making such party or corporation a defendant,...
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15-17-5
Section 15-17-5 Grounds for granting new trials; costs thereof. (a) On motion filed within
30 days from entry of judgment, a new trial may be granted for the following grounds: (1)
Irregularity in the proceedings of the court, jury or state or any order of court or abuse
of discretion by which the defendant was prevented from having a fair trial; (2) Misconduct
of the jury or state; (3) Accident or surprise which ordinary prudence could not have guarded
against; (4) That the verdict or decision is not sustained beyond a reasonable doubt or is
contrary to law; (5) Newly discovered evidence, material for the party applying, which he
could not with reasonable diligence have discovered and produced at the trial; and (6) Error
of law occurring at the trial properly preserved by the party making the application. (b)
The court, in granting new trials, may allow the same at the costs of the party applying therefor
or in the costs abiding the event of the case, or a portion of the costs, as the...
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31-2-91
Section 31-2-91 Security for costs in certain actions against National Guard members to be
given by plaintiff. Any person bringing a civil or criminal action against a member of the
National Guard of this state for any act done while in discharge of his military duty shall
give security for the costs and reasonable attorney's fees incurred by the state or defendant
in defending the same, in the same manner and subject to the same regulations applicable in
the case of a nonresident plaintiff, and, if the plaintiff fails to recover, such attorney's
fees may be taxed with the costs and judgment therefor entered against him and his sureties
on the bond. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §120; Acts 1973, No.
1038, p. 1572, §92.)...
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35-9-39
Section 35-9-39 Levy upon crop of subtenant. When lands are cultivated by a subtenant, and
an attachment or other process is sued out by the superior landlord, or his assignee, for
the purpose of enforcing his lien for rent and advances, or either, the crop of the tenant
in chief must first be exhausted, before levy is made on the crop of the subtenant; but if
the tenant in chief makes no crop, or if the crop made by him is not sufficient to satisfy
the plaintiff's demand, then a sufficient amount of the crop of the subtenant may be levied
on to supply the deficiency; and any levy made in violation of this section may be vacated
on motion, at the first session of the court thereafter. (Code 1876, §3476; Code 1886, §3066;
Code 1896, §2713; Code 1907, §4744; Code 1923, §8810; Code 1940, T. 31, §25.)...
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