35-4-33
Section 35-4-33 Judgment for specific performance. A judgment for specific performance shall
operate as a deed to convey land or other property without any conveyance being executed by
the vendor. Such judgment, certified by the clerk or register, shall be recorded in the registry
of deeds in the county where the land lies, and shall stand in the place of a deed. In any
action in which the court orders the specific performance of a contract for the sale of real
estate, when it appears from the evidence that the party in whose favor the judgment is made
is entitled to the possession of the real estate as against the other party and that such
other party is in person or by tenants in possession of such real estate, the court may, in
such judgment of specific performance, order the issuance of a writ of possession as in ejectment
cases. (Code 1907, §3366; Code 1923, §6850; Code 1940, T. 47, §35.)...
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39-1-1
Section 39-1-1 Bonds required of persons contracting for public works; commencement, etc.,
of actions upon bond by persons supplying labor, etc., to contractor; offer to accept judgment;
notice of completion of project by contractor and final settlement; applicability. (a) Any
person entering into a contract with an awarding authority in this state for the prosecution
of any public works shall, before commencing the work, execute a performance bond, with penalty
equal to 100 percent of the amount of the contract price. In addition, another bond, payable
to the awarding authority letting the contract, shall be executed in an amount not less than
50 percent of the contract price, with the obligation that the contractor or contractors shall
promptly make payments to all persons supplying labor, materials, or supplies for or in the
prosecution of the work provided in the contract and for the payment of reasonable attorneys'
fees incurred by successful claimants or plaintiffs in civil...
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6-6-259
Section 6-6-259 Actions by mortgagees or vendor in conditional sale contract, etc., against
mortgagors or vendees, etc. (a) If the action is by a mortgagee or his assignee against a
mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving
the title until the entire purchase money shall be paid, or his assignee, against his vendee
or one holding under him, the defendant may, upon suggestion, require that the jury ascertain
the amount of the mortgage debt or the unpaid balance of the purchase price of the article
sold; and if the debt due is ascertained to be less than the value of the property sued for
as assessed by the jury, judgment must be entered for the property sued for or if that is
not to be had, then for the amount of the debt as ascertained by the jury. The court must
also make an order that, if the debt so ascertained, interest and costs, shall be paid within
30 days, no execution or other process shall issue on the judgment; and on...
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12-13-11
grounds: (1) Irregularity in the proceedings of the court, jury or prevailing party, or any
order of court, or abuse of discretion, by which the party was prevented from having a fair
trial. (2) Misconduct of the jury or prevailing party. (3) Accident or surprise, which ordinary
prudence could not have guarded against. (4) Excessive or inadequate damages. (5) Error in
the assessment of the amount of recovery, whether too large or too small where the action
is upon a contract or for the injury or detention of property. (6) The verdict or decision
is not sustained by the great preponderance of the evidence or is contrary to law. (7) Newly
discovered evidence, material for the party applying, which he could not, with reasonable
diligence, have discovered and produced at the trial. (8) Error of law occurring at the trial
and properly preserved by the party making the application. (b) The court, in granting new
trials, may allow the same upon the payment of such costs by party...
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28-4-277
Section 28-4-277 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Persons entitled to appeal; bond for costs of appeal required; right to
jury trial; proceedings in circuit court. Any person appearing and becoming a party defendant
as provided in this article may appeal from the judgment of forfeiture and condemnation as
to the whole or any part of the liquors and beverages and vessels and receptacles claimed
by him and adjudged forfeited to the circuit court as in other cases appealed from a district
court to a circuit court, the appeal to be granted upon parties giving bond for the cost of
appeal, that will be incurred in the circuit court. Upon written demand being made therefor
endorsed on the appeal bond at the time said appeal is taken, the appellants may be entitled
to a jury for the trial of the action in the circuit court. Said circuit court shall proceed
with the case de novo and may cause suitable issues to be framed for the...
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35-11-227
Section 35-11-227 Actions by employees, etc.; defense by contractor. (a) If the action is by
an employee of the contractor, or by any person who has furnished to him material for the
building or improvement, the contractor shall be a necessary party defendant thereto; and
in such action on motion of the plaintiff, the owner or proprietor may be cited to answer
under oath how much was owing by him to the contractor on his contract with such contractor,
at the time of the service on him of the notice required by Section 35-11-218; and such answer
may be controverted, and proceedings had and judgment entered as in garnishment cases. (b)
When the lien is sought to be enforced by any person other than the contractor, it shall be
the duty of the contractor to defend the action at his own expense; and after notice of an
intention to file a statement of the lien, and pending the action, the owner or proprietor
may withhold from the contractor money sufficient to cover the amount claimed, and...
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6-6-285
Section 6-6-285 Proceedings upon defendant's suggestion of disputed boundary line. The defendant,
within pleading time or within 30 days before the case is called for trial and after notice
to the plaintiff or his attorney of record of his purpose so to do, may file his suggestion
in writing that the action arises over a disputed boundary line, in which suggestion he shall
describe the location of the true line, and the court or jury trying the issue shall ascertain
the true location of the boundary line, and judgment shall be entered accordingly, and shall
order the sheriff to establish and mark the true line as ascertained; and, in such case, the
costs shall be apportioned justly and equitably. A single judgment on such issue of the location
of the true boundary line shall bar another action for the location of the same boundary line.
(Code 1852, §2213; Code 1867, §2614; Code 1876, §2963; Code 1886, §2699; Code 1896, §1533;
Code 1907, §3843; Code 1923, §7457; Code 1940, T. 7,...
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6-6-455
Section 6-6-455 Proceedings when garnishee liable for delivery of personal property.
If the garnishee is liable for the delivery of personal property or for the payment
of money which may be discharged by the delivery of personal property, the value of
the property must be ascertained and a judgment entered against the garnishee that if he does
not, by a day to be fixed by the court which must be a day after the maturity of such contract,
deliver such property to the sheriff or other lawful officer, he must pay the value thereof
or the sum of money which was payable therein. Upon the return of the sheriff or such other
officer that such property was not delivered or the value thereof or such sum of money was
not paid to him as required by the judgment, execution must be issued for the ascertained
value of such property or for the sum of money payable therein, if the same is less than the
amount of the judgment against the defendant in the original action, or, if more or equal
thereto,...
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8-1-151
Section 8-1-151 Creditor of losing party under gambling contract may garnish winner. (a) Any
creditor of a losing party under a gambling contract may garnish the winner as other debtors
are garnished at any time within two years from the payment of such money or delivery of such
thing, and if such garnishee fails to appear, judgment may be entered against him as against
other garnishees failing to answer, but the answer of a garnishee shall not be evidence against
him in a criminal prosecution. (b) A judgment recovered by a creditor under the provisions
of this section is a defense to any action brought by any person under the provisions of Section
8-1-150. (Code 1852, §§1565, 1566; Code 1867, §§1877, 1878; Code 1876, §§2134, 2135;
Code 1886, §§1745, 1746; Code 1896, §§2166, 2167; Code 1907, §§3341, 3342; Code 1923,
§§6811, 6812; Code 1940, T. 9, §§47, 48.)...
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8-19-10
to the office of the Attorney General and to the local district attorney and, upon entry of
any injunction, judgment, or decree in the action, shall mail a copy of such injunction, judgment,
or decree to the office of the Attorney General and to the local district attorney. (e) At
least 15 days prior to the filing of any action under this section, a written demand for relief,
identifying the claimant and reasonably describing the unfair or deceptive act or practice
relied upon and the injury suffered, shall be communicated to any prospective respondent
by placing in the United States mail or otherwise. Any person receiving such a demand for
relief who, within 15 days of the delivering of the demand for relief, makes a written tender
of settlement which is rejected by the claimant may, in any subsequent action, file the written
tender and an affidavit concerning this rejection. If the court finds that the relief tendered
was sufficient to compensate the petitioner for his or her...
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