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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6-10-35
Section 6-10-35 Contest of exemption claim - Tender of issue by plaintiff on inventory filed
by defendant; determination thereof. When, on a contest of a claim of exemption to personal
property, an inventory has been filed by the defendant, an issue may be tendered by the plaintiff
that the defendant has other personal property subject to levy and sale under the process
not embraced in the inventory or that the inventory discloses that the defendant has other
personal property subject to levy and sale under the process not embraced in the claim of
exemption which he has failed to deliver to the officer levying the process. If such issue
is determined in favor of the plaintiff, the value of such property shall be ascertained and
estimated in ascertaining the amount of the exemption to which the defendant is entitled and
be deducted from his or her claim in contest as if such property had been selected by him
or her as part of his or her exemptions. (Code 1876, §2839; Code 1886, §2531;...
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12-19-53
Section 12-19-53 Entry of judgment for costs when judgment in action entered against nominal
plaintiff. When judgment is entered against the plaintiff in any action brought in the name
of a nominal plaintiff for the use of another, judgment for costs must be entered against
the beneficiary or his personal representative. (Code 1852, §2383; Code 1867, §2787; Code
1876, §3136; Code 1886, §2845; Code 1896, §1330; Code 1907, §3667; Code 1923, §7227;
Code 1940, T. 11, §71.)...
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43-2-151
Section 43-2-151 Enforcement of judgments, etc., of probate court against representatives -
Liability of sureties. When an execution against an executor or administrator, issued from
the probate court on any judgment, order or decree for money is returned to any regular term
of such court "no property" by the sheriff of the county, such judgment, order or
decree may be enforced against the executor or administrator and his sureties, by execution
or by process of garnishment, which may issue in like cases and manner as it may issue on
judgment in circuit courts and may, in like manner, be prosecuted to judgment against the
garnishee. (Code 1852, §1922; Code 1867, §2281; Code 1876, §2619; Code 1886, §2277; Code
1896, §346; Code 1907, §2813; Code 1923, §6052; Code 1940, T. 61, §129.)...
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6-6-395
Section 6-6-395 Revival of proceedings when garnishee or contestant dies. If the garnishee
dies after he has been summoned as garnishee and pending the litigation, the proceedings may
be revived against his legal representatives. Such proceedings may also be revived against
the legal representatives of a contestant who dies, after notice to appear and contest with
the plaintiff. (Code 1852, §2557; Code 1867, §2985; Code 1876, §3310; Code 1886, §2992;
Code 1896, §2207; Code 1907, §4336; Code 1923, §8087; Code 1940, T. 7, §1031.)...
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6-6-455
Section 6-6-455 Proceedings when garnishee liable for delivery of personal property. If the
garnishee is liable for the delivery of personal property or for the payment of money which
may be discharged by the delivery of personal property, the value of the property must be
ascertained and a judgment entered against the garnishee that if he does not, by a day to
be fixed by the court which must be a day after the maturity of such contract, deliver such
property to the sheriff or other lawful officer, he must pay the value thereof or the sum
of money which was payable therein. Upon the return of the sheriff or such other officer that
such property was not delivered or the value thereof or such sum of money was not paid to
him as required by the judgment, execution must be issued for the ascertained value of such
property or for the sum of money payable therein, if the same is less than the amount of the
judgment against the defendant in the original action, or, if more or equal thereto,...
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8-1-151
Section 8-1-151 Creditor of losing party under gambling contract may garnish winner. (a) Any
creditor of a losing party under a gambling contract may garnish the winner as other debtors
are garnished at any time within two years from the payment of such money or delivery of such
thing, and if such garnishee fails to appear, judgment may be entered against him as against
other garnishees failing to answer, but the answer of a garnishee shall not be evidence against
him in a criminal prosecution. (b) A judgment recovered by a creditor under the provisions
of this section is a defense to any action brought by any person under the provisions of Section
8-1-150. (Code 1852, §§1565, 1566; Code 1867, §§1877, 1878; Code 1876, §§2134, 2135;
Code 1886, §§1745, 1746; Code 1896, §§2166, 2167; Code 1907, §§3341, 3342; Code 1923,
§§6811, 6812; Code 1940, T. 9, §§47, 48.)...
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6-6-680
Section 6-6-680 Judgment against sheriff, etc., receiving or executing writ. Judgment must
be entered for the plaintiff, on three days' notice, against the sheriff, coroner, or other
officer receiving or executing the writ in the following cases: (1) For failing to return
an execution, 20 percent on the judgment; (2) For failing to pay over money collected upon
an execution, on demand of the plaintiff, his agent, or attorney, for the amount so collected
and five percent per month damages from the time such demand was made; (3) For failing to
make the money on an execution, which by due diligence could have been made, for the amount
of the execution, interest, and 10 percent damages thereon; (4) For fraudulently making a
false return, for the amount of the execution, interest, and 10 percent damages thereon; (5)
For failing to notify the plaintiff, his agent, or attorney of the collection of money by
execution, for five percent per month on the amount collected from the time when the...
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26-5-18
Section 26-5-18 Enforcement of orders or decrees of probate court against conservator, etc.
The court of probate may, by attachment, compel a conservator to obey its orders or decrees,
and all final decrees rendered against a conservator or against the personal representative
of the conservator on a final settlement have the force and effect of a judgement at law,
on which execution may issue against the conservator or his or her personal representative
and against the sureties of the conservator, whether the principal has signed the bond or
not, whether such settlement is voluntary or involuntary and whether such settlement is made
by the conservator while living or by his or her personal representative after his or her
death. Process of garnishment may issue from the court of probate upon such decrees in like
cases and manner as it may issue on judgments in courts of record and may, in like manner,
be prosecuted to judgment against the garnishee. (Code 1886, §2464; Code 1896,...
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6-9-27
Section 6-9-27 Execution against plaintiff for costs. When execution against the defendant
is returned "no property found," execution may issue against the plaintiff, in the
name of the clerk or the register of the court, for all the costs created by him in obtaining
his judgment. (Code 1852, §2431; Code 1867, §2846; Code 1876, §3188; Code 1886, §2891;
Code 1896, §1889; Code 1907, §4090; Code 1923, §7805; Code 1940, T. 7, §518.)...
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