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11-50-106
Section 11-50-106 Refunding of excess assessments - Authority and procedure generally. In the
event the amount collected from the assessment under any ordinance authorizing the purchase
of a sewer, sewers, or sewer system shall exceed the total cost and expense of the same, there
shall be refunded to each of the parties affected by said assessment a proportionate amount
of the excess upon demand made thereafter by said parties within 12 months after maturity
or payment of the bonds authorized by this division. (Acts 1923, No. 165, p. 134; Code 1923,
§2119; Code 1940, T. 37, §644.)...
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12-22-74
Section 12-22-74 Affirmation of stayed judgment - Recovery of chattels in specie. Upon the
affirmance of a judgment for the recovery of chattels in specie, judgment for which has been
stayed by the execution of a supersedeas bond, the court must also enter judgment against
the obligors in said bond for 10 percent of the alternative value of such property as fixed
by the court below, and the damages fixed for the detention thereof. (Code 1852, §3027; Code
1867, §3495; Code 1876, §3936; Code 1886, §3664; Code 1896, §480; Code 1907, §2895; Code
1923, §6155; Code 1940, T. 7, §816.)...
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25-5-92
Section 25-5-92 Discharge of lien upon judgment payable periodically. When the judgment, however,
is for a sum not due, that is, payable periodically, the defendant may discharge the registered
lien by giving a bond for the payment of same to be approved by the probate judge and recorded,
and he shall receive the same for registration. No execution shall issue where such judgment
is payable periodically unless default is made in the payment of one or more of such periodical
payments. (Acts 1919, No. 245, p. 206; Code 1923, §7581; Code 1940, T. 26, §307.)...
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35-11-21
Section 35-11-21 Enforcement. For the enforcement of such lien, the owners of such land or
their assignees, may have process of attachment from any court having jurisdiction of the
amount claimed leviable upon the timber upon which the lien exists: (1) When such claim is
due and the defendant, on demand, fails or refuses to pay the same. (2) Whether such claim
is due or not, when the defendant has removed any part of such timber from such land without
paying the stipulated price, or the value thereof, when no price has been stipulated, and
without the consent of the owners of such lands, or, if the claim has been assigned, without
the consent of the assignee. (3) Whether such claim is due or not, when the plaintiff has
good cause to believe that the defendant is about to remove any part of such timber from such
land without paying the stipulated price thereof, or, in the event no price has been stipulated,
the value thereof, and without the consent of the owners of such lands, or, if...
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43-2-812
Section 43-2-812 Judgment certified to probate court; execution for costs. If such judgment
is for the plaintiff, and it is shown to the court that such estate has been declared insolvent,
an order must be made to the effect that no execution issue on such judgment, but that the
same be certified to the proper probate court. Upon a certified copy of such judgment being
filed as a claim against the estate, it must be allowed with the costs against such estate,
unless shown to have been obtained by collusion; and when such judgment is certified, the
clerk may demand of the plaintiff payment of all costs incurred in obtaining the same. If
the plaintiff fails for 20 days after the judgment is so certified to pay such costs, execution
may issue against him for the same as in other cases. (Code 1852, §1860; Code 1867, §2209;
Code 1876, §2581; Code 1886, §2251; Code 1896, §319; Code 1907, §2795; Code 1923, §6034;
Code 1940, T. 61, §421.)...
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5-18-15
Section 5-18-15 Interest rates, charges, and fees. (a) Maximum rates of interest and charge.
Every licensee under this chapter may contract for and receive as interest on any loan of
money less than one thousand five hundred dollars ($1,500) an amount at a rate not exceeding
three percent a month on that part of the unpaid principal balance not in excess of two hundred
dollars ($200), and two percent a month on that part of the unpaid principal balance in excess
of two hundred dollars ($200) but less than one thousand five hundred dollars ($1,500). (b)
Account maintenance fee. In addition to the maximum rate of interest and charges pursuant
to subsection (a), a licensee may enter into a contract of loan under this chapter in which
the borrower agrees to pay an account maintenance fee of not more than three dollars ($3)
for each month of the scheduled period of repayment of the loan provided that the scheduled
monthly payments are equal to or greater than thirty dollars ($30). Such...
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6-5-487
Section 6-5-487 Advance payments by defendant or insurer not admission of liability; advance
payments in excess of award not repayable. (a) In all actions for medical liability, any advance
payment made by the defendant or his insurer to or for the plaintiff, or any other person,
may not be construed as an admission of liability for injuries or damages suffered by the
plaintiff or anyone else. Evidence of such advance payment is not admissible until there is
a final judgment in favor of the plaintiff, in which event the court shall reduce the judgment
to the plaintiff to the extent of advance payment. The advance payment shall inure to the
exclusive credit of the defendant or his insurer making the payment. In the event the advance
payment exceeds the liability of the defendant or the insurer making it, the court shall order
any adjustment necessary to equalize the amount which each defendant is obligated to pay,
exclusive of cost. (b) In no case shall an advance payment in excess of...
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6-5-576
Section 6-5-576 Advance payments by defendant or insurer not admission of liability; advance
payments in excess of award not repayable. (a) In all legal service liability actions, any
advance payment made by the defendant or his insurer to or for the plaintiff, or any other
person, may not be construed as an admission of liability for injuries or damages suffered
by the plaintiff or anyone else. Evidence of such advance payment is not admissible until
there is a final judgment in favor of the plaintiff, in which event the court shall reduce
the judgment to the plaintiff to the extent of advance payment. The advance payment shall
inure to the exclusive credit of the defendant or his insurer making the payment. In the event
the advance payment exceeds the liability of the defendant or the insurer making it, the court
shall order any adjustment necessary to equalize the amount which each defendant is obligated
to pay, exclusive of costs. (b) In no case shall an advance payment in excess...
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6-6-145
Section 6-6-145 Suspending entry of judgment - Against defendant while claims, etc., settled.
No judgment can be entered against the defendant in attachment when a claim has been interposed
to try the right of property or when the answer of the garnishee is contested or a contest
has arisen about the title to, or interest in, the debt or demand, money or effects garnished
until these questions are settled, unless other property or effects of the defendant are attached
or garnished about which no contest has arisen or unless personal service by summons and complaint
is had on the defendant. (Code 1852, §2558; Code 1867, §2986; Code 1876, §3311; Code 1886,
§3000; Code 1896, §567; Code 1907, §2968; Code 1923, §6216; Code 1940, T. 7, §889.)...
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6-6-286
Section 6-6-286 Proceedings upon defendant's suggestion of adverse possession. (a) When an
action is commenced to recover land or the possession thereof, the defendant may, at any time
before the trial, suggest upon the record that he, and those whose possession he has, have,
for three years next before the commencement of the action, had adverse possession thereof,
which must be construed to mean the same character of possession as will put in operation
the statute of limitations. In such case, if the jury finds for the plaintiff, it must also
ascertain by its verdict whether such suggestion is true or false. If the jury finds it to
be false, it must return a verdict for the damages as in ordinary cases. If the jury finds
it to be true, it must assess the value, at the time of trial, of the permanent improvements
made by the defendant, or those whose estate he has, and also ascertain by its verdict the
value of the lands and of the use and occupation thereof, not including the...
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