35-11-224
Section 35-11-224 Issues; finding or verdict; judgment generally. Any defendant, by appropriate
plea, may put in issue the fact of indebtedness or the existence of the lien, or both, and
may interpose any other defense applicable to the action; and if the court by its finding,
or the jury by their verdict, as the case may be, ascertain that the plaintiff has a lien
as claimed, judgment shall be entered for the amount secured thereby, interest and costs,
against the party liable for the same, and establishing the lien, and condemning the property
to sale for the satisfaction thereof; but if the finding or verdict is for the plaintiff only
on the issue of indebtedness, a judgment shall be entered in his favor for the amount thereof
as in other cases. (Code 1886, §3034; Code 1896, §2739; Code 1907, §4770; Code 1923, §8848;
Code 1940, T. 33, §52.)...
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35-4-151
Section 35-4-151 Error in any description sufficient to maintain civil action. In order to
authorize a person claiming title under the grantee in a deed, mortgage, or other conveyance
containing an erroneous description to maintain a civil action for the reformation of the
same, it shall not be necessary that there shall be any error in description in all the conveyances
constituting the chain of title from the grantor in the conveyance containing the erroneous
description to the complainant; but, if it shall reasonably appear that it was the purpose
or intention of each grantor to convey the land which was intended to be conveyed in said
deed, mortgage or other conveyance containing the erroneous description, the complainant shall
be entitled to a reformation of such deed, mortgage, or other conveyance. (Acts 1911, No.
227, p. 199; Code 1923, §6961; Code 1940, T. 47, §134.)...
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43-2-410
Section 43-2-410 Power of sale conferred. Any part of the personal property of a decedent,
including land warrants and choses in action, may be sold only by order of the court, on the
written application of the executor or administrator, verified by affidavit, in the following
cases, unless, in such cases, power to sell is conferred by the will: (1) For the payment
of debts. (2) To make distribution among the distributees or legatees. (3) To prevent the
waste or destruction of property liable to waste, or of a perishable nature, if it is proved
that the sale would be beneficial to the estate. (Code 1852, §1743; Code 1867, §2067; Code
1876, §2433; Code 1886, §2092; Code 1896, §142; Code 1907, §2606; Code 1923, §5832; Code
1940, T. 61, §228.)...
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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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13A-11-161
Section 13A-11-161 Publication of certain documents considered privileged. The publication
of a fair and impartial report of the return of any indictment, the issuance of any warrant,
the arrest of any person for any cause or the filing of any affidavit, pleading or other document
in any criminal or civil proceeding in any court, or of a fair and impartial report of the
contents thereof, or of any charge of crime made to any judicial officer or body, or of any
report of any grand jury, or of any investigation made by any legislative committee, or other
public body or officer, shall be privileged, unless it be proved that the same was published
with actual malice, or that the defendant has refused or neglected to publish in the same
manner in which the publication complained of appeared, a reasonable explanation or contradiction
thereof by the plaintiff, or that the publisher has refused upon the written request of the
plaintiff to publish the subsequent determination of such suit,...
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35-6-87
Section 35-6-87 Report of payment; order for conveyance. Within 30 days after receiving full
payment for the interest of his ward in any land or realty so sold, such sale having been
confirmed under the provisions of this article, the guardian of such ward must report such
payment under oath to the court and apply for an order to make a proper conveyance of such
interest to the purchaser. The court must examine such report and may also examine witnesses
in relation thereto; if, upon such examination, it is satisfied that such payment has been
made, it must make an order for such conveyance to be made by said guardian or by some other
person, appointed by the court conveying all right, title, and interest of such ward in such
land or realty at the time of such sale thereof. (Code 1907, §5260; Code 1923, §9364; Code
1940, T. 47, §226.)...
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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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6-6-600
Section 6-6-600 Judgment - Excluding defendant from office or franchise or prohibiting practice
of profession. When a defendant, whether a natural person or a corporation, against whom such
action has been commenced, is adjudged guilty of usurping or intruding into, or unlawfully
holding or exercising, any office or franchise or unlawfully practicing any profession, judgment
must be entered that such defendant be excluded from the office or franchise or be prohibited
from practicing such profession and that the plaintiff recover costs against such defendant.
Execution shall be issued on such judgment at the expiration of five days from the date thereof,
unless the defendant shall, within such time, take an appeal to the supreme court. Any violation
of any such order shall be a contempt of court. (Code 1852, §2665; Code 1867, §3093; Code
1876, §3433; Code 1886, §3178; Code 1896, §3432; Code 1907, §5465; Code 1923, §9944;
Code 1940, T. 7, §1148.)...
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6-7-50
Section 6-7-50 Use of nonconsenting person's name by another plaintiff; nonconsenting person's
right to recovery. If any person necessary to be joined as plaintiff in any action or proceeding
shall, upon request, not consent to join therein, his name may, nevertheless, be used by the
other party plaintiff, upon filing with the clerk of the court an obligation with good and
sufficient sureties, to be approved by the judge or the clerk of the court in which the action
or proceeding is to be commenced, shown by his endorsement of approval thereon, to protect,
save harmless and indemnify the person whose name is so used from the payment of any costs,
judgment or expenses in said action. If, however, the plaintiffs shall recover a judgment
in such action or proceeding, the person so refusing to allow the use of his name shall not
be entitled to receive any part thereof until he pays the expense incurred in giving the obligations,
his equitable share of the costs and expenses of the...
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22-10-3
Section 22-10-3 Summary destruction of property without compensation. When such nuisance consists
of one or more of the diseased animals mentioned in this chapter, or of insanitary clothing
or bedding, furniture, vehicles, containers, receptacles or appliances, or of unwholesome
or decayed or infected meats, fish, fruits or other foods or foodstuffs, medicines, drugs
or beverages or consists of personal property of small value and which nuisance, in the opinion
of the county board of health, should be abated by destroying rather than curing, cleansing
or disinfecting the animal or animals or thing or material involved; or consists of equipment
which by reason of its nature cannot be used without being such a nuisance; or consists of
a privy of an insanitary or improper type, the county board of health shall, if after a careful
investigation of the facts it considers such a course necessary for the protection of the
public health, adjudicate such animal or animals, or things or material...
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