6-5-261
Section 6-5-261 Interference with mere possession. Mere possession of a chattel, if without
title or wrongfully, will give a right of action for any interference therewith, except as
against the true owner or the person wrongfully deprived of possession. (Code 1907, §2462;
Code 1923, §5668; Code 1940, T. 7, §92.)...
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6-5-71
Section 6-5-71 Right of action of wife, child, parent, or other person for injury in consequence
of illegal sale or disposition of liquor or beverages. (a) Every wife, child, parent, or other
person who shall be injured in person, property, or means of support by any intoxicated person
or in consequence of the intoxication of any person shall have a right of action against any
person who shall, by selling, giving, or otherwise disposing of to another, contrary to the
provisions of law, any liquors or beverages, cause the intoxication of such person for all
damages actually sustained, as well as exemplary damages. (b) Upon the death of any party,
the action or right of action will survive to or against his executor or administrator. (c)
The party injured, or his legal representative, may commence a joint or separate action against
the person intoxicated or the person who furnished the liquor, and all such claims shall be
by civil action in any court having jurisdiction thereof. (Acts...
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6-6-595
Section 6-6-595 Joinder - Informant. Whenever an action is commenced under the provisions of
this article on the information of any person, his name must be joined as plaintiff with the
state. (Code 1852, §2657; Code 1867, §3085; Code 1876, §3425; Code 1886, §3172; Code 1896,
§3426; Code 1907, §5459; Code 1923, §9938; Code 1940, T. 7, §1142.)...
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6-7-81
Section 6-7-81 Commencement of actions against; satisfaction of judgment. (a) Actions may be
commenced against, and in the name of, any unincorporated organization or association for
any cause of action for or upon which the plaintiff therein may commence such an action against
the members of such organization or association. (b) Where a judgment in such action is entered
in favor of the plaintiff against such organization or association, the property of such organization
or association shall be liable to the satisfaction of such judgment. (Acts 1921, Ex. Sess.,
No. 13, p. 14; Code 1923, §§5724, 5727; Code 1940, T. 7, §§143, 145.)...
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9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except as
provided in subsection (b) of this section, any person having an interest which is or may
be adversely affected, (or any citizen of this state having knowledge that any of the provisions
of this article are willfully or deliberately not being enforced and who files a statement
with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
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11-47-191
Section 11-47-191 Institution of actions, entry, and execution of judgments against municipalities
and other persons or corporations jointly liable. (a) The injured party, if he institutes
a civil action against the municipality for damages suffered by him, shall also join such
other person or persons or corporation so liable as defendant or defendants of the civil action,
and no judgment shall be entered against the city or town unless judgment is entered against
such other person or corporation so liable for such injury, except where a summons is returned
not found as to a defendant or when judgment is entered in his favor on some personal defense,
and if a civil action be brought against the city or town alone and it is made to appear that
any person or corporation ought to be joined as a defendant in the action according to the
provisions in Section 11-47-190, the action shall be dismissed, unless the plaintiff amends
his complaint by making such party or corporation a defendant,...
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22-2-13
Section 22-2-13 Recovery of expenses by health officer, sheriff, or bond constable. When an
expense has been incurred by any health officer, sheriff or bonded constable in the execution
of the duties required by the provisions of this Code or other statute relating to public
health, said health officer, sheriff or bonded constable, as the case may be, shall have the
right of action against the person responsible for the said expense for the recovery of the
same; but no more than is fair and reasonable shall be recovered, as the court or jury shall
determine. (Code 1907, §728; Code 1923, §1151; Code 1940, T. 22, §90.)...
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26-8-45
Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents
- When removal of person and estate of minor or ward permitted. The guardian may remove the
person or the conservator may remove the estate of a minor or ward to another state by making
a full settlement with the judge of the probate court where his or her letters were granted
of his or her conservator accounts and by procuring a transcript of the record of a court
of competent jurisdiction of such other state, certified according to the act of Congress,
showing the appointment of such person as guardian or conservator of the minor or ward, the
execution of bond by the conservator with surety for the performance of the trust. Thereupon,
the judge of probate must make an order authorizing such removal. (Code 1852, §2031; Code
1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469;
Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975,...
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30-4-33
Section 30-4-33 Disposal of interest in real estate by spouse of insane person - Motion; exception
as to homestead; date for hearing; notice to insane spouse; appointment of guardian ad litem.
Whenever any such married person whose spouse is insane desires authority to sell, convey,
mortgage or otherwise dispose of real estate as if single, such married person shall file
a complaint in the circuit court, setting forth the fact that his or her spouse is insane,
that he or she desires to be authorized to sell, convey, mortgage or otherwise dispose of
real estate, not including a homestead, as if single, and that said complaint is not for the
purpose of taking advantage of or defrauding the insane spouse. Upon the filing of such complaint,
the same shall be presented to the judge of the court, who shall enter an order fixing the
day for hearing, providing that notice shall be given the insane spouse, the manner of giving
such notice and appointing a guardian ad litem to represent the...
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31-2-91
Section 31-2-91 Security for costs in certain actions against National Guard members to be
given by plaintiff. Any person bringing a civil or criminal action against a member of the
National Guard of this state for any act done while in discharge of his military duty shall
give security for the costs and reasonable attorney's fees incurred by the state or defendant
in defending the same, in the same manner and subject to the same regulations applicable in
the case of a nonresident plaintiff, and, if the plaintiff fails to recover, such attorney's
fees may be taxed with the costs and judgment therefor entered against him and his sureties
on the bond. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §120; Acts 1973, No.
1038, p. 1572, §92.)...
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