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6-10-37
Section 6-10-37 Contest of exemption claim - Garnishment of money, choses in action or personal
property. When money, choses in action or personal property are garnished and the defendant
claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing,
verified by oath, in the court in which such proceedings are pending, accompanied by a statement
setting forth the personal property, choses in action, and money and the location and value
thereof, as required in the statement to be filed under the provisions of Section 6-10-29.
Such claim the plaintiff, in person or by his agent or attorney, may contest as in cases of
contest after declaration filed, and such contest shall be tried and determined as other contests
of claims of exemptions are tried and determined. If the defendant has notice of the garnishment,
the claim of exemption must be interposed before judgment of condemnation, but if not, such
judgment shall not operate to impair or affect his claim of...
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7-3-105
Section 7-3-105 Issue of instrument. (a) "Issue" means the first delivery of an instrument
by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights
on the instrument to any person. (b) An unissued instrument, or an unissued incomplete instrument
that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument
that is conditionally issued or is issued for a special purpose is binding on the maker or
drawer, but failure of the condition or special purpose to be fulfilled is a defense. (c)
"Issuer" applies to issued and unissued instruments and means a maker or drawer
of an instrument. (Acts 1995, No. 95-668, p. 1381, §1.)...
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10A-2A-1.20
Section 10A-2A-1.20 Requirements for filing instruments; extrinsic facts. (a) Whenever any
filing instrument is to be filed with the Secretary of State or in accordance with this chapter,
such instrument shall be executed as follows: (1) Except as provided in subsection (a)(3),
the certificate of incorporation, and any other instrument to be filed before the election
of the initial board of directors if the initial directors were not named in the certificate
of incorporation, shall be signed by the incorporator or incorporators or the successors and
assigns of the incorporator or incorporators. If any incorporator is not available then any
other instrument may be signed, with the same effect as if the incorporator had signed it,
by any person for whom or on whose behalf the incorporator, in executing the certificate of
incorporation, was acting directly or indirectly as employee or agent, provided that the other
instrument shall state that the incorporator is not available and the...
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12-19-271
Section 12-19-271 Definitions. The following words and phrases as used in this article, have
the meaning ascribed to them in this section, unless the context clearly requires otherwise:
(1) WITHOUT SUBSTANTIAL JUSTIFICATION. The phrase "without substantial justification",
when used with reference to any action, claim, defense or appeal, including without limitation
any motion, means that such action, claim, defense or appeal (including any motion) is frivolous,
groundless in fact or in law, or vexatious, or interposed for any improper purpose, including
without limitation, to cause unnecessary delay or needless increase in the cost of litigation,
as determined by the court. (2) PERSON. Any individual, corporation, company, association,
firm, partnership, society, joint stock company, or any other entity, including any governmental
entity or unincorporated association of persons. (3) ACTION. Any suit, counterclaim, crossclaim
or third party claim filed at law or in equity, including any...
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18-1A-72
Section 18-1A-72 Contents of complaint; property already subject to public use; easement to
cross line of another railroad; map or diagram to accompany complaint. (a) In addition to
other allegations required or permitted by law, the complaint shall: (1) Designate as a plaintiff
each person on whose behalf the property is sought to be taken; (2) Name as defendants all
persons who to the plaintiff's knowledge are owners of or who have or claim any interest in
the property sought to be taken; specify the nature of each defendant's interest. Defendants
whose names are not known may be included under the designation "unknown claimants"
provided reasonable diligence has been used to ascertain the same, and where the interest
of the defendant is unknown the complaint may so state; (3) Contain a legal description of
the property and of the interest therein sought to be taken; (4) Allege the basis of the plaintiff's
right to take the property by eminent domain and maintain the action,...
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36-13-3
Section 36-13-3 Defense of certain civil actions against state to recover lands. When any civil
action is instituted against any person deriving title from the state to recover any lands
within the limits of the same, under pretense of any claim inconsistent with its sovereignty
and jurisdiction, the Governor must provide for the defense of such civil action. (Code 1852,
§20; Code 1867, §21; Code 1876, §17; Code 1886, §17; Code 1896, §1972; Code 1907, §570;
Code 1923, §774; Code 1940, T. 55, §177.)...
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6-6-541
Section 6-6-541 Contents of complaint. The complaint authorized by Section 6-6-540 must describe
the lands with certainty, must allege the possession and ownership of the plaintiff and that
the defendant claims, or is reputed to claim, some right, title, or interest in, or encumbrance
upon, such lands and must call upon him to set forth and specify his title, claim, interest,
or encumbrance and how and by what instrument the same is derived and created. (Code 1896,
§810; Code 1907, §5444; Code 1923, §9906; Code 1940, T. 7, §1110.)...
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13A-9-13.3
Section 13A-9-13.3 Negotiating worthless negotiable instrument - Prima facie evidence of identity.
(a) In any prosecution or action under the provisions of Section 13A-9-13.1, a negotiable
instrument for which the information required in subsections (b) and (c) of this section is
available at the time of issuance shall constitute prima facie evidence of the identity of
the party issuing the negotiable instrument and that such person was a party authorized to
draw upon the named account. (b) To establish this prima facie evidence, the following information
regarding the identity of the party presenting the negotiable instrument shall be requested
by the party receiving such instrument: The presenter's name, residence address, and home
phone number. Such information may be provided by either of two methods: (1) It may be recorded
upon the negotiable instrument itself; or (2) The number of a check-cashing identification
card issued by the receiving party may be recorded on the negotiable...
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43-8-190
Section 43-8-190 Who may contest will; filing objections; making up issue; trial by jury. A
will, before the probate thereof, may be contested by any person interested therein, or by
any person, who, if the testator had died intestate, would have been an heir or distributee
of his estate, by filing in the court where it is offered for probate allegations in writing
that the will was not duly executed, or of the unsoundness of mind of the testator, or of
any other valid objections thereto; and thereupon an issue must be made up, under the direction
of the court, between the person making the application, as plaintiff, and the person contesting
the validity of the will, as defendant; and such issue must, on application of either party,
be tried by a jury. (Code 1852, §1634; Code 1867, §1953; Code 1876, §2317; Code 1886, §1989;
Code 1896, §4287; Code 1907, §6196; Code 1923, §10625; Code 1940, T. 61, §52; Code 1975,
§43-1-70.)...
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6-10-26
Section 6-10-26 Claim of exemption after levy and prior to sale; contesting of such claim.
The right of homestead or other exemption shall not be waived or lost by a failure, before
the levy of process, to file for record a declaration claiming the same; but the defendant,
in person or by his or her agent or attorney, may, at any time after the levy and prior to
a sale, file with the officer making the levy a claim in writing, verified by oath, to such
property, or any part thereof, as exempt and, if of a part, describing the same; and, within
three days thereafter, such officer must give to the plaintiff or his or her agent or attorney
written notice of the filing of the claim. Thereupon, the plaintiff, in person or by his or
her agent or attorney, may contest the claim in the mode provided in Section 6-10-25; except,
that no bond need be executed; and on the institution of such contest, the officer shall,
within three days thereafter, give the defendant written notice of the same. If...
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