6-6-256
Section 6-6-256 Assessment of value and damages and judgment - Trial of action. Upon the trial
the jury must, if it finds for the plaintiff, assess the value of each article separately,
if practicable, and also assess damages for its detention. If it finds for the defendant,
it must, in like manner, assess the value and, if in the possession of the plaintiff, assess
damages for its detention. Judgment against either party must be for the property sued for,
or its alternate value, with damages for its detention to the time of trial. (Code 1852, §2194;
Code 1867, §2595; Code 1876, §2944; Code 1886, §2719; Code 1896, §1476; Code 1907, §3781;
Code 1923, §7392; Code 1940, T. 7, §921.)...
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7-3-308
Section 7-3-308 Proof of signatures and status as holder in due course. (a) In an action with
respect to an instrument, the authenticity of, and authority to make, each signature on the
instrument is admitted unless specifically denied in the pleadings. If the validity of a signature
is denied in the pleadings, the burden of establishing validity is on the person claiming
validity, but the signature is presumed to be authentic and authorized unless the action is
to enforce the liability of the purported signer and the signer is dead or incompetent at
the time of trial of the issue of validity of the signature. If an action to enforce the instrument
is brought against a person as the undisclosed principal of a person who signed the instrument
as a party to the instrument, the plaintiff has the burden of establishing that the defendant
is liable on the instrument as a represented person under Section 7-3-402(a). (b) If the validity
of signatures is admitted or proved and there is...
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7-7-204
Section 7-7-204 Duty of care; contractual limitation of warehouse's liability. (a) A warehouse
is liable for damages for loss of or injury to the goods caused by its failure to exercise
care with regard to the goods that a reasonably careful person would exercise under similar
circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could
not have been avoided by the exercise of that care. (b) Damages may be limited by a term in
the warehouse receipt or storage agreement limiting the amount of liability in case of loss
or damage beyond which the warehouse is not liable. Such a limitation is not effective with
respect to the warehouse's liability for conversion to its own use. On request of the bailor
in a record at the time of signing the storage agreement or within a reasonable time after
receipt of the warehouse receipt, the warehouse's liability may be increased on part or all
of the goods covered by the storage agreement or the warehouse receipt. In this...
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25-13-19
Section 25-13-19 Insurance policies. (a) Elevator contractors shall submit to the administrator
an insurance policy, or certified copy thereof, issued by an insurance company authorized
to do business in the state to provide general liability coverage of at least one million
dollars ($1,000,000) for injury or death of any number of persons in any one occurrence and
with coverage of at least five hundred thousand dollars ($500,000) for property damage in
any one occurrence and the statutory workers' compensation insurance coverage. (b) Elevator
inspectors, not employed by the authority having jurisdiction, shall submit to the administrator
an insurance policy, or certified copy thereof, issued by an insurance company authorized
to do business in the state to provide general liability coverage of at least one million
dollars ($1,000,000) for injury or death of any number of persons in any one occurrence and
with coverage of at least five hundred thousand dollars ($500,000) for property...
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31-9-17
Section 31-9-17 Exemption from tort liability of persons granting license or privilege for
use of real estate, etc., for shelters. Any person owning or controlling real estate or other
premises who voluntarily and without compensation grants a license or privilege, or otherwise
permits the designation or use of the whole or any part or parts of such real estate or premises
for the purpose of sheltering persons during an actual disaster or an actual, impending, mock,
or practice attack, shall, together with his successors in interest, if any, not be civilly
liable for negligently causing the death of, or injury to, any person on or about such real
estate or premises, or for the loss of, or damage to, the property of such person. (Acts 1955,
No. 47, p. 267, §17.)...
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6-10-29
Section 6-10-29 Contest of exemption claim - Filing of inventory by defendant; effect of failure
to file. On any contest of a claim of exemption to personal property, on the plaintiff's written
demand, made at any time, the defendant claiming the exemption shall, within 10 days, file
a full and complete inventory, duly verified by oath, of all his or her personal property,
except the wearing apparel, portraits, pictures, and books specifically exempted from levy
and sale, with the value and location of each item of such property, of all money belonging
to him or her, whether in his or her possession or held by others for him or her, and of all
debts and choses in action belonging to him or her or in which he or she is beneficially interested,
with the value of each of them. If such inventory is not filed within the time prescribed,
the plaintiff shall not be required to tender an issue on the claim, but the court must enter
judgment by default against the defendant, unless good and...
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6-6-186
Section 6-6-186 Examination of debtor as to his property, etc. (a) After answer filed on the
application of the plaintiff showing a necessity therefor, which application must be verified
by oath, the judge may order an examination of the debtor before the register or clerk or
before an examiner specially appointed, touching and concerning his property, real or personal,
moneys, effects, and choses in action; and it is the duty of the debtor to attend at the time
and place to which he may be summoned by the register, clerk, or examiner and submit to such
examination. (b) The provisions of this section apply to any complaint filed under this article.
(Code 1876, §3887; Code 1886, §3548; Code 1896, §822; Code 1907, §3743; Code 1923, §7346;
Code 1940, T. 7, §901.)...
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6-6-430
Section 6-6-430 Filing of bond; discharge of money or property from garnishment; proceedings
as if bond not executed; judgment; discharge of garnishee. (a) When garnishment has been issued
in aid of a pending action or upon a judgment, the defendant may make and file with the judge
or clerk issuing the garnishment bond in such sum as the judge or clerk may prescribe, not
exceeding twice the amount of the plaintiff's demand, payable to the plaintiff, with sufficient
surety, to be approved by such judge or clerk, conditioned to pay the amount for which the
garnishee may be found indebted or liable to the defendant and the cost of the garnishment.
Thereupon, the money or property in the hands of the garnishee is discharged from the garnishment
and the garnishee relieved of all liability therefor to the plaintiff; but the garnishee must
answer, and, except as is otherwise provided in this article, the case must proceed and be
determined as if such bond had not been executed. (b) If the...
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7-2-722
Section 7-2-722 Who can sue third parties for injury to goods. Where a third party so deals
with goods which have been identified to a contract for sale as to cause actionable injury
to a party to that contract: (a) A right of action against the third party is in either party
to the contract for sale who has title to or a security interest or a special property or
an insurable interest in the goods; and if the goods have been destroyed or converted a right
of action is also in the party who either bore the risk of loss under the contract for sale
or has since the injury assumed that risk as against the other; (b) If at the time of the
injury the party plaintiff did not bear the risk of loss as against the other party to the
contract for sale and there is no arrangement between them for disposition of the recovery,
his suit or settlement is, subject to his own interest, as a fiduciary for the other party
to the contract; (c) Either party may with the consent of the other sue for the...
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7-2-725
Section 7-2-725 Statute of limitations in contracts for sale. (1) An action for breach of any
contract for sale must be commenced within four years after the cause of action has accrued.
By the original agreement the parties may reduce the period of limitation to not less than
one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless
of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when
tender of delivery is made, except that where a warranty explicitly extends to future performance
of the goods and discovery of the breach must await the time of such performance the cause
of action accrues when the breach is or should have been discovered; however, a cause of action
for damages for injury to the person in the case of consumer goods shall accrue when the injury
occurs. (3) Where an action commenced within the time limited by subsection (1) is so terminated
as to leave available a remedy by another action for the...
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