6-10-125
Section 6-10-125 Attachment - Proceedings when waiver not sustained. When such attachment is
levied on property embraced in a declaration of claim of exemption which has been filed for
record, or subsequent to the levy a claim to such property as exempt is interposed, if, on
the trial, the averment of waiver is not sustained, the levy shall be discharged and the property
returned to the defendant, unless the plaintiff, within five days after judgment, shall contest
the claim. If such plaintiff should desire to contest, such contest may be instituted and
prosecuted as in other cases. (Code 1886, §2572; Code 1896, §2109; Code 1907, §4236; Code
1923, §7965; Code 1940, T. 7, §711.)...
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35-9-36
Section 35-9-36 Issuance and return of attachment; trial; property leviable. Such attachment
may be issued by any officer authorized to issue attachment in other cases, and made returnable
before any court of competent jurisdiction, and must be tried in the same manner, and upon
the same notice, as other attachment proceedings are tried, and may be levied on the crop,
or the proceeds thereof, and on the articles advanced, and property purchased with money advanced
or obtained by barter in exchange for articles advanced. (Code 1876, §3473; Code 1886, §3063;
Code 1896, §2710; Code 1907, §4741; Code 1923, §8806; Code 1940, T. 31, §22.)...
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6-6-48
Section 6-6-48 By one nonresident against another nonresident. A nonresident of this state
may sue out an attachment against a nonresident for an existing debt or ascertained liability;
but the plaintiff, his agent or attorney is required, in addition to the oath necessary in
other cases, to swear that, according to the best of his knowledge, information and belief,
the defendant has not sufficient property within the state of his residence wherefrom to satisfy
the debt and must also give bond as in other cases, with surety resident in this state. (Code
1852, §2509; Code 1867, §2933; Code 1876, §3258; Code 1886, §2935; Code 1896, §530; Code
1907, §2930; Code 1923, §6178; Code 1940, T. 7, §851.)...
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6-9-160
Section 6-9-160 Restoration of property levied on to debtor upon executing bond; execution
on forfeiture of bond; exception. (a) When personal property is levied on by the sheriff,
if the defendant executes bond with sufficient surety in double the amount of the execution
payable to the plaintiff and conditioned to deliver the property levied on to the proper officer
by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must
restore the property to the defendant. (b) If the property is not delivered according to the
condition of the bond, the sheriff must return it forfeited within five days thereafter to
the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture
of the bond; and it is then the duty of the clerk or register, without delay, to issue execution
on the forfeited bond against all the obligors therein for the judgment and costs, upon which
no security of any kind can be taken, which he must endorse on the...
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6-9-89
Section 6-9-89 Sale of levied property - Perishable goods and chattels - Strawberries. When
strawberries are levied on or seized under any writ of detinue, writ of attachment, or writ
of execution, the sheriff or constable making the levy or seizure shall, unless a replevy
bond or forthcoming bond is immediately executed by the defendant, proceed forthwith to sell
the strawberries so levied on or seized either at public or private sale, as he may deem best,
and the proceeds of such sale shall be by such officer paid into the court out of which said
writ was issued and shall be held by such court pending the final disposition of the case.
(Acts 1931, No. 348, p. 407; Code 1940, T. 7, §538.)...
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6-6-564
Section 6-6-564 Publication of notice. Notice of the pendency of the complaint provided for
in Section 6-6-561 shall be drawn and signed by the register or clerk of the court in which
the proceeding is pending, and the register or clerk shall have such notice published once
a week for four consecutive weeks in some newspaper having general circulation and published
in the county where the lands lie or, if no newspaper is published in said county, then in
such a newspaper published in an adjoining county; if no such newspaper is published in an
adjoining county, then in such a newspaper published in the county nearest to the county where
said lands lie. Each circuit court in the state must prescribe, by a rule of the court or
by a separate order made in each case, in what newspaper such publications may be made. (Acts
1923, No. 526, p. 699; Code 1923, §9915; Code 1940, T. 7, §1119.)...
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6-6-684
Section 6-6-684 Entry of judgment in favor of sheriff or coroner. (a) Judgment must, in like
manner, be summarily entered in favor of the sheriff or coroner, on three days' notice of
the pendency of the action: (1) Against the obligors on bonds given to indemnify such officer
for levying an execution or attachment or for making sale of property so levied on or attached
after judgment against him for making such levy or sale, for the amount entered against such
officer, with interest from the date of judgment against him. (2) Against the deputy of the
sheriff or coroner and his sureties, or either of them, for the amount of any judgment entered
against the sheriff or coroner for the default of such deputy, with interest from date of
judgment against him. (b) Judgment must, in like manner, be summarily entered in favor of
the sheriff, on three days' notice, against the judge of probate, for the amount of any fees
received by him for such sheriff for the service of citations, notices, or...
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6-9-60
Section 6-9-60 When writ of execution becomes lien. A writ of execution is a lien only within
the county in which it is received by the officer authorized to execute it on the lands of
the defendant in such county subject to levy and sale from the time the writ is levied by
him and notice of levy as provided in Section 35-4-132 is filed for record with the judge
of probate of such county. Such writ is a lien upon the personal property of the defendant
subject to levy and sale from the time only that the writ is levied upon such personal property.
(Code 1852, §2456; Code 1867, §2872; Code 1876, §3210; Code 1886, §2894; Code 1896, §1892;
Code 1907, §4093; Code 1923, §7808; Code 1940, T. 7, §521.)...
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11-48-7
Section 11-48-7 Publication of ordinance or resolution; notice to certain property owners of
ordinance or resolution. Said ordinance or resolution must be published once a week for two
consecutive weeks in some newspaper published in said city or town, and, if no newspaper is
published therein, it may be published either in a newspaper of general circulation in said
municipality or by posting for two weeks in three public places in such city or town. A copy
of said ordinance or resolution shall also be sent, by registered or certified mail, postage
prepaid, to the persons last assessed for city or town taxation, the property of whom may
be assessed for said improvements at their last known addresses, said notices to be so mailed
not less than 10 days before the meeting of the city council provided for in Section 11-48-8.
The failure of any official charged with the duty of sending such notice to send the same
or the failure of any owner of property to receive such notice, if sent by...
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15-13-80
Section 15-13-80 Failure of defendant to appear; forfeiture of money deposited in lieu of bail.
(a) The essence of all undertakings of bail, whether upon a warrant, writ of arrest, suspension
of judgment, appeal or in any other case, is the appearance of the defendant at court; and
the undertaking is forfeited by the failure of the defendant to appear, although the offense,
judgment or other matter is incorrectly described in such undertaking, the particular case
or matter to which the undertaking is applicable being made to appear to the court. (b) If,
by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited
and the forfeiture is not discharged or remitted, the clerk with whom it is deposited must,
at the end of 30 days, unless the court has before that time discharged the forfeiture, pay
over the money deposited to such officer, official or employee authorized by law to receive
fines levied by such court. Thereupon the court shall, without any...
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