6-5-189
Section 6-5-189 Effect of tender of money. The receipt of money tendered before an action is
commenced is a bar to the action and, if after an action is commenced, such releases the defendant
from all damages and costs, except the costs which accrued before the tender and receipt of
the money. (Code 1852, §2223; Code 1867, §2625; Code 1876, §2974; Code 1886, §2730; Code
1896, §1443; Code 1907, §3753; Code 1923, §7364; Code 1940, T. 7, §917.)...
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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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6-6-337
Section 6-6-337 Proceedings upon determination for either plaintiff or defendant. (a) If the
judge determines in favor of the plaintiff, he must record the decision and enter judgment
with costs, upon which he must issue a writ of execution commanding the sheriff or the constable
to restore the plaintiff to possession or place him in possession of his lands and tenements
according to complaint and to levy on and sell a sufficiency of the defendant's goods and
chattels, lands and tenements to satisfy the costs of the proceedings. Successive writs may
issue at any time when necessary to eject defendant or collect costs and damages, and a defendant
who refuses to obey the mandate of the writ as to the possession of the property or who enters
upon the premises without just cause or legal excuse after being ejected shall be guilty of
resisting an officer and contempt of court and shall be punished and fined accordingly, in
the discretion of the court issuing the process. (b) If the judge...
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8-5-28
Section 8-5-28 Action to charge endorser or assignor on contracts assigned by writing and not
covered by Uniform Commercial Code - When holder of contract excused from bringing action,
obtaining judgment, etc. The holder of an endorsed or assigned contract which is not governed
by the Uniform Commercial Code is excused from bringing an action, obtaining the judgment,
and issuing the execution thereon when: (1) The maker has no known place of residence in the
state; (2) By the use of ordinary diligence such residence cannot be ascertained; (3) The
action has been commenced in the county of the residence of the maker and a summons to the
first and next succeeding court returned not found by the proper officer; (4) A judgment against
the maker has been defeated, in whole or in part, by a defense to the merits of such contract
or writing or a setoff against any other than the endorsee or assignee; (5) Any defense, except
a setoff to the merits of such contract or writing, exists which...
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6-6-390
Section 6-6-390 When process of garnishment obtainable. The plaintiff in any pending action
for the recovery of money or the plaintiff or assignee in any judgment on which execution
can issue may obtain process of garnishment as defined in Section 6-6-370; provided, that
no garnishment shall issue prior to a final judgment, pursuant to this section and Sections
6-6-291 through 6-6-294, unless there is a showing that such garnishment is necessary because
of extraordinary circumstances. (Code 1852, §2471; Code 1867, §2892; Code 1876, §§3218,
3219; Code 1886, §§2968, 2971; Code 1896, §2172; Code 1907, §4301; Code 1923, §8052;
Code 1940, T. 7, §996; Acts 1951, No. 916, p. 1568.)...
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6-6-460
Section 6-6-460 Judgment when issue found against garnishee. If such issue is found against
the garnishee, judgment must be entered against him in favor of the plaintiff, if necessary,
to satisfy his claim or judgment against the defendant or in favor of the defendant, if such
judgment has been satisfied. (Code 1852, §2548; Code 1867, §2976; Code 1876, §3301; Code
1886, §2983; Code 1896, §2198; Code 1907, §4327; Code 1923, §8078; Code 1940, T. 7, §1022.)...

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18-1A-214
Section 18-1A-214 Payment of judgment by plaintiff; deduction of taxes from award. (a) Within
the time prescribed by Section 18-1A-290, the plaintiff shall pay the full amount required
by the judgment after crediting all amounts withdrawn by the defendant from funds on deposit.
The court for good cause may extend the time within which payment must be made for an additional
period not exceeding 30 additional days. (b) Payment may be made by the plaintiff by paying
money personally to the defendant, or to the legal representative of the defendant, taking
a receipt therefor and filing a copy with the court; or by depositing the amount of the award
with the probate court for the defendant. By making a deposit under this section the plaintiff
does not waive its right to review. (c) Within 30 days after a deposit of the award under
subsection (b), the court shall give written notice by first class mail to each defendant
whose address is known and for whom a disclaimer is not on file and who...
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43-2-213
Section 43-2-213 Plaintiff required to prove compliance with section 43-2-211. Before a judgment
is rendered in a civil action brought by such foreign executor or administrator, the plaintiff
must prove that he has complied in all respects with the provisions of section 43-2-211, and,
failing to do so, he cannot recover. (Code 1852, §1935; Code 1867, §2294; Code 1876, §2638;
Code 1886, §2292; Code 1896, §361; Code 1907, §2827; Code 1923, §6066; Code 1940, T. 61,
§153.)...
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6-6-146
Section 6-6-146 Restoration of property to claimant at plaintiff's cost. If the plaintiff does
not obtain judgment against the defendant in attachment, all property condemned, when a claim
for the trial of the right of property has been interposed, must be restored to the claimant
at the cost of the plaintiff. (Code 1852, §2559; Code 1867, §2987; Code 1876, §3312; Code
1886, §3001; Code 1896, §568; Code 1907, §2969; Code 1923, §6217; Code 1940, T. 7, §890.)...

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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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