6-6-290
Section 6-6-290 Effect of judgment by default. A judgment by default against a defendant is
an admission of title in the plaintiff, but to recover costs against the defendant, the plaintiff
must prove defendant's possession of the premises, or some part thereof, at the commencement
of the action. (Code 1852, §2218; Code 1867, §2619; Code 1876, §2968; Code 1886, §2708;
Code 1896, §1548; Code 1907, §3852; Code 1923, §7466; Code 1940, T. 7, §951.)...
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6-6-75
Section 6-6-75 Alias writs of attachment or new writs of garnishment. Alias writs of attachment
or new writs of garnishment may be issued without a renewal of the bond or affidavit in cases
where no property, or an insufficient amount thereof to satisfy the plaintiff's demand, has
been found, or when, pending the action, the plaintiff wishes to garnish other persons. (Code
1852, §2560; Code 1867, §2988; Code 1876, §3313; Code 1886, §2955; Code 1896, §546; Code
1907, §2946; Code 1923, §6194; Code 1940, T. 7, §867.)...
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8-3-8
Section 8-3-8 Payments by surety pending action. If the surety pays off the debt pending an
action against the principal and himself or against the principal alone, such payment shall
operate only to cause the action to proceed for the benefit of such surety, and the judgment
may be entered in the name of the original plaintiff for the use of such surety. (Code 1907,
§5391; Code 1923, §9550; Code 1940, T. 9, §84.)...
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11-40-64
Section 11-40-64 Nature of rights and remedies. (a) Any Class 2 municipality to which this
article applies may proceed with judicial in rem foreclosures of municipal code liens in accordance
with the provisions of this article by enactment of an ordinance or resolution of the governing
authority of the Class 2 municipality in which the real property is located which ordinance
or resolution shall be sufficient authority for use of this article by the Class 2 municipality
to enforce its municipal code liens. (b) The ordinance of a Class 2 municipality authorizing
and approving the use of this article shall include all the following matters: (1) The initial
effective date for application of these procedures. (2) If the Class 2 municipality elects
not to apply these procedures to all real properties as of the same future date, then the
phase-in of these procedures over a period of time and the manner of determination of which
real properties are subject in which sequence to these...
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6-10-124
Section 6-10-124 Attachment - Endorsement on writ. When such action is commenced by attachment
or, in aid thereof, an ancillary attachment is sued out, the officer issuing the writ of the
plaintiff, in person or by his agent or attorney, producing before him the written evidence
of the waiver or making and filing with him an affidavit that the exemption has been waived,
must endorse on the writ the fact of such waiver and the extent thereof. (Code 1876, §2850;
Code 1886, §2571; Code 1896, §2108; Code 1907, §4235; Code 1923, §7964; Code 1940, T.
7, §710.)...
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11-50-171
Section 11-50-171 Publication of notice of adoption of resolution authorizing transfer, certain
terms thereof, etc.; limitation period for action to restrain proposed transfer, etc. (a)
After the adoption of proceedings providing for the transfer and conveyance of any water system
or systems, the public corporation and municipality or municipalities proposing to make such
transfer and conveyance shall cause to be published once a week for two successive weeks in
a newspaper having general circulation within the limits of such municipality or municipalities
a notice in substantially the following form (the blanks being first properly filled in) with
the names of the public corporation and the municipality or municipalities appended thereto:
"A resolution has been adopted by the board of directors of the _____ (herein insert
the name of the public corporation proposing to make the transfer) and a resolution (or resolutions)
has (or have) been adopted by the governing body (or bodies) of...
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35-11-222
Section 35-11-222 How action commenced; pleadings, practice and proceedings. Such actions,
when brought in the circuit court, shall be commenced by summons and complaint. The complaint
shall contain a description of the property on which the lien is claimed, and shall allege
the facts necessary to entitle the plaintiff to the lien and the enforcement thereof; in all
other respects, the pleadings, practice and proceedings shall be the same as in ordinary civil
actions. (Code 1876, §3446; Code 1886, §3029; Code 1896, §2734; Code 1907, §4765; Code
1923, §8843; Code 1940, T. 33, §49.)...
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35-4-150
Section 35-4-150 Civil action for reformation of conveyances containing erroneous description.
Any person claiming title to land directly or remotely from the grantee in a deed, mortgage,
or other conveyance containing an erroneous description, may maintain a civil action in a
circuit court for the reformation of such deed, mortgage, or other conveyance and shall be
entitled to relief in all cases in which the grantee in the deed, mortgage, or other conveyance
containing an erroneous description would be entitled to relief. (Acts 1911, No. 227, p. 199;
Code 1923, §6960; Code 1940, T. 47, §133.)...
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6-5-284
Section 6-5-284 Instrument lost or destroyed by theft, etc.; evidence of loss, destruction
and contents; execution bond. (a) In an action commenced on a bond, note, bill of exchange,
or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is
made by the plaintiff of such loss or destruction and the contents thereof and that the same
has not been paid or otherwise discharged and accompanies the complaint, it must be received
as presumptive evidence both of the contents and loss or destruction of such instrument, unless
the defendant by answer, verified by affidavit, denies the execution of such bond, note, or
bill or the endorsement, acceptance, or the contents thereof, in which case proof of such
execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that
this section must not be so construed as to authorize an action for the recovery of bank notes
or bills issued to circulate as money and alleged to be lost or...
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6-6-121
Section 6-6-121 When defendants evade service of process; dismissal of attachment. (a) When
a summons has been returned "not found" as to all or any of the defendants, residents
of the county, if the plaintiff, his agent or attorney makes an affidavit that the defendant
has evaded the service of the process, the court must direct an attachment to issue, returnable
within 30 days after the levy thereof, and the case must in all respects proceed as against
such defendant as if originally commenced by attachment. (b) The plaintiff may, notwithstanding
such attachment, proceed to judgment against any of the defendants on whom process was served,
but upon a judgment and satisfaction of the debt or claim, the attachment shall be dismissed
at the costs of the plaintiff. (Code 1852, §§2568, 2569; Code 1867, §§2996, 2997; Code
1876, §§3321, 3322; Code 1886, §§2969, 2970; Code 1896, §§559, 560; Code 1907, §§2959,
2960; Code 1923, §§6207, 6208; Code 1940, T. 7, §§880, 881.)...
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