18-1A-292
Section 18-1A-292 Distribution of award - Proceedings when claims not filed and court doubtful
as to proper distribution; assertion of adverse claim or title involving determination of
title to land. The probate court may, in the event no such claims are filed by any of such
parties and where the probate court is doubtful as to a proper division, require the parties
in interest to propound their claims and to hear evidence upon the same in order that the
probate court may determine to what part or proportion of said award each of said parties
may be rightly entitled. No division or partition for distribution shall be made by the probate
court under this section when any adverse claim or title is asserted by any one of the interested
parties, which involves the determination of the title to land, and the procedure for partition
or distribution under this section shall follow as near as may be the manner provided for
the partition of property in chapter 6 of Title 35; except, that no...
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43-8-194
Section 43-8-194 Depositions of witnesses; rules governing procedure. For the trial of such
contest, depositions of witnesses may be taken in like cases, for the same causes and in the
same manner, as depositions are taken in civil actions in the circuit court. In all matters
relating to the organization and impaneling of the jury, to the evidence, mode of proceeding
and investigation and determination of such contest, not specially provided for by this article,
the court shall proceed and be governed by the same rules and regulations, so far as applicable,
as prevail in courts of law in civil cases. (Code 1852, §§1641, 1643; Code 1867, §§1960,
1962; Code 1876, §§2324, 2326; Code 1886, §1994; Code 1896, §4292; Code 1907, §6201;
Code 1923, §10630; Code 1940, T. 61, §57; Code 1975, §43-1-74.)...
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18-1A-291
Section 18-1A-291 Distribution of award - Filing of claims by owners or parties; determination
of claims by probate court. Any one of the owners or parties alleged in the complaint to own
or hold any claim, interest or title in the lands sought to be condemned may, after the granting
of the application, file with the probate court his claim for his part or division of the
award made by commissioners; and upon the filing of such claim and upon the payment by the
plaintiff into probate court of such award, the probate court shall set down for hearing the
claim so filed by such party and determine the same. Upon such determination, the probate
court shall distribute the funds to each of the parties so entitled thereto in the sum and
manner in which the facts disclosed upon the hearing show each of said parties to be so entitled,
less all court costs arising from the filing of each such claim. (Acts 1985, No. 85-548, p.
802, §1622; Acts 1996, No. 96-558, p. 828, §1.)...
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6-8-1
Section 6-8-1 Trial of title or adverse claim issues. In actions for partition of lands, either
by metes and bounds or by sale for division when the same cannot be equitably partitioned
among the owners, if the defendant denies the title of the plaintiff or asserts an adverse
claim or title in himself, the circuit court need not dismiss the complaint, but may direct
the issue as to the title of the plaintiff or as to such adverse claim or title of the defendant,
to be tried as other issues of fact are triable. If neither party to the action demands a
jury, the circuit court shall try such issues as to the title of plaintiff or as to such adverse
claim or title of the defendant, together with the other facts or issues of the case. (Code
1867, §3466; Code 1876, §3893; Code 1886, §3588; Code 1896, §828; Code 1907, §3205; Code
1923, §6635; Code 1940, T. 7, §326.)...
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12-16-13
Section 12-16-13 Charges moved for by parties; appeals; general charges. Charges moved for
by either party must be in writing and must be given or refused in the terms in which they
are written, and it is the duty of the judge to write "given" or "refused,"
as the case may be, on the document and sign his name thereto, which thereby becomes a part
of the record. Charges which are marked "given" by the trial judge must be taken
by the jury with them on retirement, and those "refused" must be retained by the
clerk. The court shall, after the conclusion of his charge to the jury, read such written
charges as he has given for the parties in a clear and audible voice, saying to the jury,
"these are instructions given you by the court at the request of the plaintiff or defendant,
as the case may be, and are correct statements of the law to be taken by you in connection
with what has already been said to you." The refusal of a charge, though a correct statement
of the law, shall not be cause...
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31-2A-39
Section 31-2A-39 (Article 39.) Sessions. (a) At any time after the service of charges which
have been referred for trial to a court-martial composed of a military judge and members,
the military judge, subject to Section 31-2A-35 (Article 35), may call the court into session
without the presence of the members for the purpose of: (1) Hearing and determining motions
raising defenses or objections which are capable of determination without trial of the issues
raised by a plea of not guilty. (2) Hearing and ruling upon any matter which may be ruled
upon by the military judge under this code, whether or not the matter is appropriate for later
consideration or decision by the members of the court. (3) Holding the arraignment and receiving
the pleas of the accused. (4) Performing any other procedural function which does not require
the presence of the members of the court under this code. These proceedings shall be conducted
in the presence of the accused, the defense counsel, and the trial...
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45-42-82.46
Section 45-42-82.46 Written agreement; other terms and conditions. (a) Following the decision
of the district attorney to admit the offender into the pretrial diversion program, but prior
to entry, the district attorney and the offender shall enter into a written agreement stating
the conditions of the participation of the offender in the program. The agreement shall include,
but not be limited to, the following: (1) A voluntary waiver of the offender's right to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statute or rules of court. (3) An agreement to the conditions of the program
established by the district attorney. (4) If there is a victim of the charged crime, an agreement
to a restitution repayment within a specified period of time and in an amount to be determined
by the district attorney taking into account circumstances of the offender and the victim.
(5) A waiver in writing of the offender's right to a jury...
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12-2-7
Section 12-2-7 Jurisdiction and powers of court generally. The Supreme Court shall have authority:
(1) To exercise appellate jurisdiction coextensive with the state, under such restrictions
and regulations as are prescribed by law; but, in deciding appeals, no weight shall be given
the decision of the trial judge upon the facts where the evidence is not taken orally before
the judge, but in such cases the Supreme Court shall weigh the evidence and give judgment
as it deems just. (2) To exercise original jurisdiction in the issue and determination of
writs of quo warranto and mandamus in relation to matters in which no other court has jurisdiction.
(3) To issue writs of injunction, habeas corpus, and such other remedial and original writs
as are necessary to give to it a general superintendence and control of courts of inferior
jurisdiction. (4) To make and promulgate rules governing the administration of all courts
and rules governing practice and procedure in all courts; provided,...
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35-7-7
Section 35-7-7 Action to recover costs and expenses. If one joint owner or tenant in common
of a partition fence, after 10 days' notice from other joint owners or tenants in common of
such partition fence to assist or join with them in the erection of a partition fence, shall
fail or refuse to assist in the erection, repair, or maintaining, and fail or refuse to pay
his pro rata or aliquot part of the costs and expenses of erecting, repairing, or maintaining
such fence, he shall be liable to the other joint owners or tenants in common of such fence
for his pro rata or aliquot part of the costs and expenses of erecting, repairing, or maintaining
such fence, to be recovered in any court having jurisdiction of such action. In all such trials,
however, the propriety, necessity, as well as the amount for erecting, repairing, and maintaining
shall be questions for the determination of the court or jury trying the case; the object
and purpose of the law being that each joint owner or tenant...
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42-2-10
Section 42-2-10 Order of condemnation vests title; right of entry on land pending appeal. The
order of condemnation, upon the payment of the sum ascertained and assessed by the verdict
of the jury, or the deposit thereof in the court for the defendant, shall vest in the United
States the title in fee simple to the lands to be acquired for the uses and purposes stated
in the application. But if an appeal shall be taken by either party, then the United States
or its agents, upon the deposit in the court for the party whose land is sought to be condemned
of the amount of damages and compensation so assessed, together with the cost of the proceeding,
and giving a bond in double the amount of damages assessed, shall be entitled to enter upon
the land so condemned and survey, construct and operate on the same for the uses, and purposes
stated in the application, but such easement shall not vest absolutely in the United States
until the final determination of the cause and payment or deposit...
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