6-6-145
Section 6-6-145 Suspending entry of judgment - Against defendant while claims, etc., settled.
No judgment can be entered against the defendant in attachment when a claim has been interposed
to try the right of property or when the answer of the garnishee is contested or a contest
has arisen about the title to, or interest in, the debt or demand, money or effects garnished
until these questions are settled, unless other property or effects of the defendant are attached
or garnished about which no contest has arisen or unless personal service by summons and complaint
is had on the defendant. (Code 1852, §2558; Code 1867, §2986; Code 1876, §3311; Code 1886,
§3000; Code 1896, §567; Code 1907, §2968; Code 1923, §6216; Code 1940, T. 7, §889.)...

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6-10-32
Section 6-10-32 Contest of exemption claim - Judgment. If the plaintiff fails to appear in
support of his contest or if on the trial all the property in contest is found exempt, judgment
must be entered against the plaintiff for the costs of the levy and contest and releasing
the property from the levy, but if the defendant fails to appear in support of his or her
claim of exemption or if on the trial any of the property is found liable to the process,
judgment must be entered against the defendant for costs and condemning the property to sale.
(Code 1876, §2838; Code 1886, §2528; Code 1896, §2054; Code 1907, §4181; Code 1923, §7903;
Code 1940, T. 7, §646.)...
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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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6-10-36
Section 6-10-36 Contest of exemption claim - Assessment of value of property and damages resulting
from detention on bond; judgment and execution on bond. When bond has been executed by the
plaintiff or defendant for the forthcoming of the property in contest, the value of the property,
and the damages resulting from its detention must be assessed by the court or jury trying
the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property
and pay the damages as required by the condition of the bond, it shall be the duty of the
sheriff to make due return of that fact; and, upon such return being made, the bond shall
have the force and effect of a judgment, and execution may issue thereon against the obligors
on the bond for the value of the property and the damages assessed, or either, and costs.
(Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code 1923, §7907;
Code 1940, T. 7, §650.)...
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6-6-463
Section 6-6-463 Disposition of claims of other persons suggested by garnishee. (a) When the
garnishee, by his answer as originally filed or by any supplemental answer thereafter, alleges,
at any time before final judgment against him, that he has been notified that another person
claims title to, or an interest in, the debt, demand, money, or effects which, by his answer,
he has admitted to be due or owing or to be in his possession, the clerk must issue notice
to the suggested claimant to appear within 30 days after service of the notice and propound
his claim and contest with the plaintiff the right to such debt, demand, money or effects.
(b) If he appears, he must be required to propound his claim in writing and make oath thereto,
upon which the plaintiff must take issue in law or in fact, and the issue in fact must be
tried by a jury, if required by either party. If the issue is found for the plaintiff, judgment
must be entered against the garnishee on his answer or, if for the...
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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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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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6-6-146
Section 6-6-146 Restoration of property to claimant at plaintiff's cost. If the plaintiff does
not obtain judgment against the defendant in attachment, all property condemned, when a claim
for the trial of the right of property has been interposed, must be restored to the claimant
at the cost of the plaintiff. (Code 1852, §2559; Code 1867, §2987; Code 1876, §3312; Code
1886, §3001; Code 1896, §568; Code 1907, §2969; Code 1923, §6217; Code 1940, T. 7, §890.)...

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6-6-258
Section 6-6-258 Assessment of value and damages and judgment - Failure of defendant to appear
and plead. Upon the defendant's failure to appear and plead in such case, within the time
provided by law, the plaintiff may take judgment against the defendant for the property sued
for; and, upon proof that defendant was in possession of the property sued for at the time
of the service of the writ or at the commencement of the action, the plaintiff may also recover
of the defendant the costs in the case and the value of the use of the property while in the
possession of such defendant and may also have the jury to assess the value of the property
sued for and have judgment thereon for the alternate value thereof as is now provided by law.
(Acts 1911, No. 53, p. 33; Code 1923, §7406; Code 1940, T. 7, §936.)...
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6-6-101
Section 6-6-101 Forfeiture of bond; execution on bond. When the property replevied is not delivered
in 30 days after judgment against the defendant in attachment, the sheriff shall return the
bond forfeited, and execution must be issued thereon against the principal and sureties for
the amount of the value of the property replevied, as fixed by the sheriff or other officer
making the levy, with interest thereon from the date of the bond and for the cost of the replevy
and of the execution, unless such value is greater than the amount of the judgment against
the defendant, in which case the execution shall be for the amount of such judgment and costs.
(Code 1852, §2538; Code 1867, §2966; Code 1876, §3291; Code 1886, §2965; Code 1896, §556;
Code 1907, §2956; Code 1923, §6204; Code 1940, T. 7, §877.)...
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