6-6-461
Section 6-6-461 Effect of judgment for plaintiff as between garnishee and defendant. The judgment
condemning the debt, demand, money, or effects to the satisfaction of the plaintiff's demand
is conclusive as between the garnishee and the defendant to the extent of such judgment, unless
the defendant prosecutes to effect an appeal from such judgment, which he may do in his own
name; and, if such judgment is stayed by bond and the garnishee is notified of the fact, he
is not permitted to discharge such judgment pending the appeal. (Code 1852, §2563; Code 1867,
§2991; Code 1876, §3316; Code 1886, §2993; Code 1896, §2185; Code 1907, §4314; Code 1923,
§8065; Code 1940, T. 7, §1009.)...
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6-8-86
Section 6-8-86 Judgment for defendant - Compulsory counterclaims. On a compulsory counterclaim,
if the claim or demand of the defendant equals the claim or demand of the plaintiff, judgment
must be entered for the defendant; if the claim or demand of the defendant exceeds the claim
or demand of the plaintiff and the plaintiff is the party liable to its satisfaction, judgment
must be entered against him in favor of the defendant for such excess and all costs. (Code
1886, §2683; Code 1896, §3734; Code 1907, §5865; Code 1923, §10179; Code 1940, T. 7, §357.)...

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6-8-85
Section 6-8-85 Judgment for defendant - Permissive counterclaims. If the debt or demand permissively
counterclaimed exceeds the amount of the plaintiff's demand, the amount of such excess being
found by the jury or court trying the same, judgment must be entered against the plaintiff
for costs and in favor of the defendant for such excess, and where there is more than one
defendant and the debt or demand permissively counterclaimed belongs to only one defendant,
then judgment for such excess must be entered in favor of such defendant for such excess.
(Code 1852, §2241; Code 1867, §2643; Code 1876, §2992; Code 1886, §2679; Code 1896, §3729;
Code 1907, §5860; Code 1923, §10174; Code 1940, T. 7, §352.)...
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35-9-63
Section 35-9-63 Property leviable; priority of lien. Such attachment may be levied on so much
of the goods, furniture and effects of the tenant as will satisfy the plaintiff's demand for
rent; and such levy shall have priority over the levy of any other attachment on such goods,
furniture, and effects in favor of any other creditor. (Code 1886, §3072; Code 1896, §2719;
Code 1907, §4750; Code 1923, §8817; Code 1940, T. 31, §32.)...
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6-6-431
Section 6-6-431 Bond in double amount; dissolution of garnishment and discharge of all garnishees;
judgment against obligors. (a) The defendant may, instead of the bond mentioned in Section
6-6-430, give bond in double the amount of the plaintiff's demand, payable to the plaintiff,
with sufficient surety, to be approved by the judge or clerk and conditioned to pay such judgment
as may be entered or ascertained to exist in favor of the plaintiff and against the defendant
in the case and costs of the action. Thereupon, the garnishment is dissolved and the garnishee
discharged and need not answer; and, upon the trial of the case, if judgment is entered or
ascertained to exist in favor of the plaintiff against the defendant, the court must also
enter judgment against the obligors in the bond for the amount of such judgment, interest
thereon and costs of the action. (b) The giving of the bond authorized in this section operates
to discharge all garnishees in the case, whether one or more....
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35-11-372
Section 35-11-372 Release or satisfaction. (a) During the period of time allowed by Section
35-11-371 for perfecting the lien, including that period of time during which the hospital
is awaiting payment or denial by the patient's health care payor, and also after the lien
provided for by this division has been perfected by any lienholder entitled thereto, no release
or satisfaction of any action, claim, counterclaim, demand, judgment, settlement, or settlement
agreement, or of any of them, shall be valid or effectual as against the lien unless the lienholder
shall join therein or execute a release of the lien. (b) Any acceptance of a release or satisfaction
of any action, claim, counterclaim, demand, or judgment and any settlement of any of the foregoing
in the absence of a release or satisfaction of the lien referred to in this division shall
prima facie constitute an impairment of the lien, and the lienholder shall be entitled to
a civil action for damages on account of the...
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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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6-6-456
Section 6-6-456 Judgment and proceedings if possession of effects subject to levy and sale
admitted. If the garnishee admits the possession of effects of the defendant, the subject
of levy and sale under legal process, judgment of condemnation must be entered that such effects
be delivered upon demand after the entry of judgment in favor of the plaintiff in the original
action, or so much thereof as may be necessary to satisfy the judgment, and the sheriff must
make sale thereof. If the garnishee fails to deliver such effects to the sheriff on demand,
he must make return thereof to the clerk, who must thereupon issue an execution against the
garnishee in favor of the plaintiff for the amount of the judgment and costs. If, however,
such failure is without fault or negligence on the part of the garnishee, he may tender to
the plaintiff, his agent, or attorney the value of such effects; and, if such tender is refused,
he may obtain relief by supersedeas. (Code 1852, §§2542-2544; Code...
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10A-2-13.24
Section 10A-2-13.24 Share restriction. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Within 20 days
after making a formal payment demand, each shareholder demanding payment shall submit the
certificate or certificates representing his or her shares to the corporation for (1) notation
thereon by the corporation that the demand has been made and (2) return to the shareholder
by the corporation. (b) The failure to submit his or her shares for notation shall, at the
option of the corporation, terminate the shareholders' rights under this article unless a
court of competent jurisdiction, for good and sufficient cause, shall otherwise direct. (c)
If shares represented by a certificate on which notation has been made shall be transferred,
each new certificate issued therefor shall bear similar notation, together with the name of
the original dissenting holder of the shares. (d) A transferee of the shares shall...
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10A-2-13.30
Section 10A-2-13.30 Court action. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) If a demand for payment under
Section 10A-2-13.28 remains unsettled, the corporation shall commence a proceeding within
60 days after receiving the payment demand and petition the court to determine the fair value
of the shares and accrued interest. If the corporation does not commence the proceeding within
the 60 day period, it shall pay each dissenter whose demand remains unsettled the amount demanded.
(b) The corporation shall commence the proceeding in the circuit court of the county where
the corporation's principal office, or, if none in this state, its registered office, is located.
If the corporation is a foreign corporation without a registered office in this state, it
shall commence the proceeding in the county in this state where the registered office of the
domestic corporation merged with or whose shares were...
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