35-9-35
Section 35-9-35 Affidavit and bond. Before such attachment is issued, the plaintiff, or his
agent or attorney must make affidavit, setting forth the amount that is or will be due for
rent and advances, or either, as the case may be, or, if the rent is not payable in money,
the value of the part of the crop or other things agreed to be paid as rent, that one of the
causes for issuing an attachment prescribed in section 35-9-34 exists, and that the attachment
is not sued out for the purpose of vexing or harassing the defendant; and must also execute
a bond in double the amount claimed, with sufficient surety, payable to the defendant, and
with condition that the plaintiff will prosecute the attachment to effect, and pay the defendant
all such damages as he may sustain from the wrongful or vexatious suing out of such attachment.
(Code 1876, §3473; Code 1886, §3062; Code 1896, §2709; Code 1907, §4740; Code 1923, §8805;
Code 1940, T. 31, §21.)...
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9-11-15
Section 9-11-15 Violations of fish and game laws - Judgment on appeal. If the judgment is affirmed
on appeal, judgment shall be entered against the defendant for the total amount of the fine,
together with all the accrued costs in the case. (Acts 1935, No. 240, p. 632, §50; Code 1940,
T. 8, §49.)...
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6-6-149
Section 6-6-149 Action by defendant - Venue for actions on injunction bond or attachment bond
in cases of injunction or bankruptcy. The defendant in any action commenced by attachment,
in any action in which an injunction against him is issued, or in any proceeding against him
as a bankrupt, may commence an action on the attachment bond or injunction bond, as the case
may be, against the plaintiffs as for malicious prosecution, and upon the bond of the petitioning
creditors, against the petitioning creditors as for a malicious prosecution, in the county
where the writ is levied; and in case of bankruptcy, in the county where the goods, property,
and effects were seized and located; or such actions may be commenced in the county where
the plaintiff in attachment resides or any of the sureties reside; and, in cases of bankruptcy,
where the petitioning creditors or anyone of them reside; and, in the cases of injunction,
where the plaintiff or any surety on his bond resides. (Code 1896,...
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40-10-83
Section 40-10-83 Effect of payment by original owner or assignee. THIS SECTION WAS AMENDED
BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020. TO SEE THE AMENDED
VERSION, SEE THE VERSION LABELED PENDING. When the action is against the person for whom the
taxes were assessed or the owner of the land at the time of the sale, his or her heir, devisee,
vendee or mortgagee, the court shall, on motion of the defendant made at any time before the
trial of the action, ascertain (i) the amount paid by the purchaser at the sale and of the
taxes subsequently paid by the purchaser, together with 12 percent per annum thereon, subject
to the limitations set forth in Section 40-10-122(a); (ii) with respect to property located
within an urban renewal or urban redevelopment project area designated pursuant to Chapters
2 or 3 of Title 24, all insurance premiums paid or owed by the purchaser for casualty loss
coverage on insurable structures and the value of all permanent improvements...
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6-5-466
defendants jointly sued. (a) The death of one or more defendants jointly sued does not, as
to the defendant dying, abate a claim upon which an action has been filed if the claim survives;
but such a claim may be revived against the proper representative of such defendant and such
representative and the surviving defendant or defendants may be proceeded against jointly
or severally, at the election of the plaintiff. (b) Under this section, the judgment entered
must be several, but against a personal representative, if he objects, judgment must
not be entered until after the expiration of six months from the grant of letters testamentary
or of administration. (c) Under this section, the satisfaction of one judgment is, as to the
plaintiff, a satisfaction of all, except as to costs; but if requested, the plaintiff must
assign, without recourse on him, the judgment against a principal debtor to the party from
whom satisfaction is received if such principal debtor was bound to the...
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6-6-100
Section 6-6-100 By whom; execution of bond. The defendant in attachment or, in his absence,
a stranger, may replevy the goods or chattels attached, or any part thereof, by executing
bond, with sufficient sureties, payable to the plaintiff, in double the value of the property
replevied, to be determined by the officer making the levy, with condition that if the defendant
fails in the action, the principal in the bond or his sureties will return the specific property
attached within 30 days after the judgment, which bond must be returned with the other papers
of the case. (Code 1852, §2536; Code 1867, §2964; Code 1876, §3289; Code 1886, §2964;
Code 1896, §555; Code 1907, §2955; Code 1923, §6203; Code 1940, T. 7, §876.)...
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6-6-250
Section 6-6-250 Duty of clerk to require taking of property by sheriff unless defendant gives
bond; disposition of property on failure to give bond. (a) When an action is commenced for
the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney
makes affidavit that the property sued for belongs to the plaintiff and executes a bond in
such sum and with such surety as may be approved by the clerk, with condition that if the
plaintiff fails in the action, he will pay the defendant all such costs and damages as he
may sustain by the wrongful complaint, it is the duty of the clerk to endorse on the summons
that the sheriff is required to take the property mentioned in the complaint into his possession
unless the defendant gives bond payable to the plaintiff, with sufficient surety, in double
the value of the property, with condition that if the defendant fails in the action he will,
within 30 days thereafter, deliver the property to the plaintiff and pay all costs...
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6-6-79
Section 6-6-79 Proceedings against sheriff and sureties for money received in sale of perishables.
The sheriff and his sureties, or either of them, may be proceeded against by motion, on one
day's notice, at the instance of the plaintiff or of the defendant if the plaintiff fails
in the action for any money received for the sale of perishable property and judgment entered
against him, or them, for the amount and five percent a month from the time of the demand.
(Code 1852, §2530; Code 1867, §2958; Code 1876, §3284; Code 1886, §2962; Code 1896, §553;
Code 1907, §2953; Code 1923, §6201; Code 1940, T. 7, §874.)...
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15-13-152
Section 15-13-152 Qualification for property bail. The qualifications for property bail are
that each surety be a resident of the state, and an owner of real property therein, and that
any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions
presently against the property, the amount expressed in the appearance bond. Any proper approving
officer, in approving property bail, may allow more than one person to justify severally as
bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent
to the amount in the appearance bond. The worth shall not be determined by the assessed value
of the property but shall be calculated, determined, and evaluated in the manner set forth
in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead
exemption in the affidavit then they shall also execute the waiver of a homestead exemption
form as provided in part (B) below. The affidavit shall be...
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43-2-90
Section 43-2-90 Rights of sureties among themselves. The sureties in either bond, who have
been compelled to make any payment thereon for the principal obligor, on a breach subsequent
to the execution of the last bond, have the same remedies against the sureties on the remaining
bonds as cosureties have against each other and may recover against such sureties such an
amount as shall be in the same proportion to the sum paid by the plaintiff as the aggregate
penalty of the two bonds bears to the penalty of the bond of the defendant, apportioning the
same among the solvent sureties. (Code 1852, §1717; Code 1867, §2038; Code 1876, §2407;
Code 1886, §2059; Code 1896, §106; Code 1907, §2553; Code 1923, §5775; Code 1940, T. 61,
§109.)...
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