6-6-461
Section 6-6-461 Effect of judgment for plaintiff as between garnishee and defendant. The judgment
condemning the debt, demand, money, or effects to the satisfaction of the plaintiff's demand
is conclusive as between the garnishee and the defendant to the extent of such judgment, unless
the defendant prosecutes to effect an appeal from such judgment, which he may do in his own
name; and, if such judgment is stayed by bond and the garnishee is notified of the fact, he
is not permitted to discharge such judgment pending the appeal. (Code 1852, §2563; Code 1867,
§2991; Code 1876, §3316; Code 1886, §2993; Code 1896, §2185; Code 1907, §4314; Code 1923,
§8065; Code 1940, T. 7, §1009.)...
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6-6-460
Section 6-6-460 Judgment when issue found against garnishee. If such issue is found against
the garnishee, judgment must be entered against him in favor of the plaintiff, if necessary,
to satisfy his claim or judgment against the defendant or in favor of the defendant, if such
judgment has been satisfied. (Code 1852, §2548; Code 1867, §2976; Code 1876, §3301; Code
1886, §2983; Code 1896, §2198; Code 1907, §4327; Code 1923, §8078; Code 1940, T. 7, §1022.)...

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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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6-6-370
Section 6-6-370 "Garnishment" defined. A "garnishment," as employed in
this article, is process to reach and subject money or effects of a defendant in attachment,
in a judgment or in a pending action commenced in the ordinary form in the possession or under
the control of a third person, or debts owing such defendant or liabilities to him on contracts
for the delivery of personal property, on contracts for the payment of money which
may be discharged by the delivery of personal property or on contracts payable in personal
property; and such third person is called the garnishee. (Code 1886, §2994; Code 1896, §2171;
Code 1907, §4300; Code 1923, §8051; Code 1940, T. 7, §995.)...
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6-6-454
Section 6-6-454 Judgment where answer admits indebtedness to defendant. If the garnishee answers
and admits indebtedness to the defendant, judgment thereon must be entered against him, after
judgment against the defendant, for the amount so admitted, if less than the amount of the
judgment against the defendant, or, if more or equal thereto, for the amount thereof; and
if the debtor demand is not then payable, execution must be suspended until its maturity.
(Code 1852, §2541; Code 1867, §2969; Code 1876, §3294; Code 1886, §2976; Code 1896, §2191;
Code 1907, §4320; Code 1923, §8071; Code 1940, T. 7, §1015.)...
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6-6-394
Section 6-6-394 Notice to defendant. When the defendant resides within the state and the garnishment
is issued on a judgment or in a pending action in which an appearance has not been entered
for the defendant, the officer issuing the garnishment must issue notice thereof to the defendant,
which notice must be served on him at least five days before judgment against the garnishee.
(Code 1896, §2176; Code 1907, §4305; Code 1923, §8056; Code 1940, T. 7, §1000.)...
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26-8-50
Section 26-8-50 Sale of property to effect removal thereof from state - Proceedings under application;
appointment, powers, etc., of commissioner for conduct of sale. The court, in the order of
sale, must appoint a suitable person commissioner to make the sale and, except as otherwise
provided in this article, the authority and duty of such commissioner is the same as that
of a conservator authorized to sell property of a minor or ward for reinvestment. If the commissioner
so appointed fails to act or to complete the sale, another may be appointed at any time by
an order of the court. (Code 1896, §2384; Code 1907, §4474; Code 1923, §8247; Code 1940,
T. 21, §119; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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6-6-256
Section 6-6-256 Assessment of value and damages and judgment - Trial of action. Upon the trial
the jury must, if it finds for the plaintiff, assess the value of each article separately,
if practicable, and also assess damages for its detention. If it finds for the defendant,
it must, in like manner, assess the value and, if in the possession of the plaintiff, assess
damages for its detention. Judgment against either party must be for the property sued for,
or its alternate value, with damages for its detention to the time of trial. (Code 1852, §2194;
Code 1867, §2595; Code 1876, §2944; Code 1886, §2719; Code 1896, §1476; Code 1907, §3781;
Code 1923, §7392; Code 1940, T. 7, §921.)...
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6-6-257
Section 6-6-257 Assessment of value and damages and judgment - Dismissal of action. When the
property sued for is in the possession of the plaintiff and the action is dismissed, the court
shall cause a jury to assess the alternate value of the property and also the value of the
hire or use thereof during the time it was in the possession of the plaintiff and shall enter
judgment for the defendant for the recovery of the property, or its alternate value, and damages
for the use or hire thereof. (Code 1896, §1482; Code 1907, §3788; Code 1923, §7399; Code
1940, T. 7, §928.)...
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35-6-25
Section 35-6-25 Service of process on certain parties defendant; guardian ad litem; judgment
not affected by death of defendant; section cumulative. (a) When it is necessary to make any
person a party defendant in any partition proceedings brought under the provisions of this
article for partition sale of land, or any interest therein and the plaintiff, after exercising
reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such
defendant is alive at the time of the filing of the complaint, the facts showing just what
diligence the plaintiff has exercised must be specifically alleged in the complaint, and such
defendant may then be made a party, by publication as in the case of unknown defendants, in
his name followed by the words: " ____ and his heirs or devisees, if deceased."
If the defendant so sued does not appear in person or by attorney before expiration of the
time for filing pleadings in the case, the court shall appoint a guardian ad litem to...
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