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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6-6-258
Section 6-6-258 Assessment of value and damages and judgment - Failure of defendant to appear
and plead. Upon the defendant's failure to appear and plead in such case, within the time
provided by law, the plaintiff may take judgment against the defendant for the property sued
for; and, upon proof that defendant was in possession of the property sued for at the time
of the service of the writ or at the commencement of the action, the plaintiff may also recover
of the defendant the costs in the case and the value of the use of the property while in the
possession of such defendant and may also have the jury to assess the value of the property
sued for and have judgment thereon for the alternate value thereof as is now provided by law.
(Acts 1911, No. 53, p. 33; Code 1923, §7406; Code 1940, T. 7, §936.)...
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6-6-457
Section 6-6-457 Proceedings on failure to appear and answer. If the garnishee fails to appear
and answer, a conditional judgment must be entered against him for the amount of the plaintiff's
claim, as ascertained by his judgment, to be made absolute unless he appears within 30 days
after notice of the conditional judgment issued by the clerk, to be served on him, as other
process, by the sheriff. If he fails to appear within the time required by the notice served
upon him or if two notices are returned "not found" by the sheriff of the county
in which the garnishment was executed, the judgment must be made absolute. (Code 1852, §2545;
Code 1867, §2973; Code 1876, §3298; Code 1886, §2980; Code 1896, §2195; Code 1907, §4324;
Code 1923, §8075; Code 1940, T. 7, §1019.)...
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18-1A-213
Section 18-1A-213 Performance of work to reduce amount of award. (a) If the probate court finds
that the plaintiff and defendant have entered into a written agreement under which the plaintiff
has completed, or has undertaken to perform, described work, or if a pretrial order required
the performance of work by the plaintiff, the court may include in the judgment a determination
that the plaintiff has satisfied, or may satisfy, the judgment in whole or in part by performing
the work as described. (b) The provisions included in the judgment under subsection (a) shall
describe or incorporate the terms and conditions of the agreement or pretrial order, and to
the extent the agreement or order fails to provide therefor shall include requirements relating
to: (1) The location and nature of the work and the time for its commencement and completion;
and (2) The amount of compensation awarded which is or will be satisfied by performance of
the work by the plaintiff, rather than by payment in...
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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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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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11-88-78
Section 11-88-78 Issuance of execution on appeal bond and sale of property assessed when final
judgment entered in favor of authority. In the event the final judgment is entered in favor
of the authority, execution may be issued thereon against the principal and sureties on the
appeal bond, unless the amount of the judgment is paid within 30 days from the date of such
judgment, and the court shall, by further order, direct that the property assessed be sold
to satisfy such judgment. Nothing contained in this article shall operate to release or discharge
the lien on such property, unless the assessment is fully paid. (Acts 1973, No. 826, p. 1293,
§39.)...
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35-11-414
Section 35-11-414 Judgment. If the court by its finding, or the jury by their verdict, as the
case may be, ascertains that the plaintiff has a lien as claimed, judgment shall be entered
for the amount secured thereby, interest and cost, against the party liable for the same,
and establish the lien and condemn the property to sale for the satisfaction thereof; but
if the finding or verdict is for the plaintiff only on the issue of indebtedness, a judgment
shall be entered in his favor for the amount thereof as in other cases. (Acts 1969, No. 1068,
p. 1989, §6.)...
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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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11-48-47
Section 11-48-47 Appeals from judgment of circuit court - By municipality - Issuance of execution
and order of sale upon entry of final judgment in favor of municipality. In the event the
final judgment is entered in favor of the city or town, execution may be issued thereon against
the principal and sureties on the appeal bond, unless the amount of the judgment is paid within
30 days from the date of such judgment, and the court shall, by further order, require that
the property assessed be sold to satisfy such judgment. Nothing contained in this article
shall operate to release or discharge the lien on such property unless the assessment is fully
paid. (Code 1907, §1400; Code 1923, §2215; Acts 1927, No. 639, p. 753; Code 1940, T. 37,
§556.)...
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