6-6-298
Section 6-6-298 Two judgments in defendant's favor bar further action. Two judgments in favor
of the defendant in an action of ejectment or in an action in the nature of an action of ejectment
between the same parties in which the same title is put in issue are a bar to any action for
the recovery of the land, or any part thereof, between the same parties or their privies founded
on the same title. (Code 1852, §2219; Code 1867, §2620; Code 1876, §2969; Code 1886, §2714;
Code 1896, §1554; Code 1907, §3858; Code 1923, §7474; Code 1940, T. 7, §959.)...
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6-5-4
just and legal cause, the court having jurisdiction shall direct the issue of writs of attachment,
garnishment, seizure, ne exeat, or of any other proper writ or process which may be deemed
necessary for the security of the state or to make effective the judgment in such action if
it should be entered in favor of the state; and bond and security shall not be required of
the state upon or for the issue of any such writ or process. (e) Such writs may be levied
on any and all property, real or personal, rights, or credits in which the party against
whom the same may issue has any estate or any interest, legal or equitable, subject to the
payment of the debt or demand preferred in such action and upon any and all property, real
or personal, rights or credits which may have been conveyed, assigned, or transferred
in fraud of creditors. The levy of such writ creates a lien from the day it is made. All property
levied on may be replevied in the mode provided by law for the replevy of property...
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6-6-280
alleges that the plaintiff was possessed of the premises or has the legal title thereto, properly
designating or describing them, and that the defendant entered thereupon and unlawfully withholds
and detains the same. This action must be commenced in the name of the real owner of the land
or in the name of the person entitled to the possession thereof, though the plaintiff may
have obtained his title thereto by a conveyance made by a grantor who was not in possession
of the land at the time of the execution of the conveyance thereof. The plaintiff may recover
in this action mesne profits and damages for waste or any other injury to the lands,
as the plaintiff's interests in the lands entitled him to recover, to be computed up to the
time of the verdict. (Code 1852, §§2209, 2210; Code 1867, §§2610, 2611, 2621; Code 1876,
§§2959, 2960, 2970; Code 1886, §§2695, 2696; Code 1896, §§1529, 1530; Code 1907, §§3838,
3839; Code 1923, §§7453, 7454; Code 1940, T. 7, §§937, 938.)...
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6-3-2
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 county where the same or a...
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34-14A-15
a licensee, the aggrieved homeowner may, when the judgment is final, file a verified claim
in the court in which the judgment was entered and, on 30 days' written notice to the board,
may apply to the court for an order directing payment out of the Homeowners' Recovery Fund
of the amount remaining unpaid on the judgment. (4) The court shall proceed on such application
and the complainant shall be required to show that: a. He or she is not the spouse, child,
or parent of the debtor, or the personal representative of the spouse, child, or parent
or a shareholder, officer, or director of the debtor. b. He or she has obtained a judgment,
as described in this section, stating the amount of the judgment and the amount owing on the
judgment at the date of the application, and, that in such action, he or she had joined any
and all bonding companies which issued corporate surety bonds to the judgment debtor as principal
and all other necessary parties. c. The following items, if recovered by...
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6-6-283
Section 6-6-283 Demanding abstract of title to be relied on for recovery or defense; proceedings
upon failure to furnish same. In all actions or proceedings involving the title or right of
possession to land, either party may, by notice in writing to the opposing party or his attorney
of record not less than 10 days before the trial, demand an abstract in writing of the title,
or titles, on which he will rely for recovery or defense, and such party must be confined
to the proof of such title or titles upon the trial. If either party, after such demand and
notice, fails to furnish such abstract of title, the party so demanding may move the court
to require the party in default to furnish the abstract of title, and the court may enter
an order requiring the party so in default to furnish the abstract of title within the time
to be fixed by the order of the court. Upon failure to comply with such order, the court must
dismiss the action or proceeding if the plaintiff is in default or may...
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34-27-31
appeals in connection with the judgment, file a verified claim in the court in which the judgment
was entered and, on 10 days' written notice to the commission, may apply to the court for
an order directing payment out of the Recovery Fund of the amount unpaid on the judgment.
(4) The court shall proceed on the application immediately and, on hearing, the aggrieved
person shall be required to show each of the following: a. He or she is not the spouse, child,
or parent of the debtor, or the personal representative of the spouse, child, or parent.
b. He or she has obtained a judgment, as described in subdivision (e)(3), stating the amount
of the judgment and the amount owing on the judgment at the date of the application, and,
that in the action, he or she had joined any and all bonding companies which issued corporate
surety bonds to the judgment debtor as principal and all other necessary parties. c. The following
items, if recovered by him or her, have been applied to the actual...
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40-10-138
Section 40-10-138 Conveyance to Department of Conservation and Natural Resources of land bid
in by state - Deed to department. When lands are required to be conveyed to the Department
of Conservation and Natural Resources, as hereinabove provided, the Land Commissioner, in
behalf of the state, with the approval of the Governor, shall execute to the Department of
Conservation and Natural Resources, a deed, duly acknowledged, without warranty or covenant
of any kind on the part of the state, express or implied, conveying to the said Department
of Conservation and Natural Resources all the right, title, and interest of the state in and
to the lands so conveyed. The Department of Conservation and Natural Resources shall thereafter
have all the right, title, and interest of the state in and to such lands and shall be held
and treated as the assignee of all the taxes due upon such lands or for which they were sold
and the penalties and all of the taxes that should have been under the law...
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37-6-3
pledge, or otherwise dispose of or encumber electric transmission and distribution lines or
systems, electric generating plants, electric refrigeration plants, water lines, sanitary
sewer lines, water systems, and sanitary sewer systems, television reception equipment through
the use of television program decryption equipment and subscriber owned, leased, or rented
satellite dishes, lands, buildings, structures, dams, plants, and equipment and any and all
kinds and classes of real or personal property whatsoever, which shall be deemed necessary,
convenient or appropriate to accomplish the purpose for which the cooperative was organized
or in which it subsequently lawfully engages. Electric generating plants, transmission, and
distribution lines or systems as referred to in this section shall include any arrangement
or agreement for the purchase, exchange, or transmission of electric power, capacity or energy,
whether sole or as joint owner of all or any part in common with one...
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6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000
to be paid by periodic payments over period of years; judgment to specify payment terms; requirement
to post security or provide evidence of insurance; future damages not to be reduced to present
value; attorney's fees; termination of periodic payments; contempt of court upon continuing
pattern of failure to make payments; modification of judgment; legislative intent. (a) In
any action for injury or damages whether in contract or in tort against a health care
provider based on a breach of the standard of care the damages assessed by the trier of fact
shall be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages.
The trier of fact shall not reduce any future damages to present value. If the trial court
determines that any one or more of the above categories is not recoverable in the action,
that category or categories shall be omitted from the itemization. (b)...
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