25-5-82
Section 25-5-82 Compensation for death to be paid only to United States residents. Compensation
for the death of an employee shall be paid only to dependents who, at the time of the death
of the injured employee, were actually residents of the United States. No right of action
to recover damages for the death of an employee shall exist in favor or for the benefit of
any person who was not a resident of the United States at the time of the death of such employee.
(Acts 1919, No. 245, p. 206; Code 1923, §7572; Code 1940, T. 26, §298.)...
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35-3-2
Section 35-3-2 Right to maintain action; duty of court to determine claims and make order.
Actions may be brought by any person owning land or any interest therein against the owner
or person interested in adjoining land to have the boundary lines established; and when the
boundary lines of two or more tracts depend upon the same common point, line, or landmark,
and action may be brought by the owner or any person interested in any of such tracts, against
the owners or persons interested in the other tracts, to have all the boundary lines established.
The court shall determine any adverse claims in respect to any portion of the land involved
which it may be necessary to determine for a complete settlement of the boundary lines and
shall make such order respecting costs and disbursements as it shall deem just. (Code 1923,
§6440; Code 1940, T. 47, §3.)...
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6-5-261
Section 6-5-261 Interference with mere possession. Mere possession of a chattel, if without
title or wrongfully, will give a right of action for any interference therewith, except as
against the true owner or the person wrongfully deprived of possession. (Code 1907, §2462;
Code 1923, §5668; Code 1940, T. 7, §92.)...
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7-8-315
Section 7-8-315 (Effective Until January 1, 1997) Action against purchaser based upon wrongful
transfer. (1) Any person against whom the transfer of a security is wrongful for any reason,
including his incapacity, may against anyone except a bona fide purchaser reclaim possession
of the security or obtain possession of any new security evidencing all or part of the same
rights or have damages. (2) If the transfer is wrongful because of an unauthorized indorsement,
the owner may also reclaim or obtain possession of the security or new security even from
a bona fide purchaser if the ineffectiveness of the purported indorsement can be asserted
against him under the provisions of this article on unauthorized indorsements (Section 7-8-311).
(3) The right to obtain or reclaim possession of a security may be specifically enforced and
its transfer enjoined and the security impounded pending the litigation. (Acts 1965, No. 549,
p. 811.)...
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31-2-90
Section 31-2-90 Appointment of counsel to defend National Guard members in certain actions.
If a civil or criminal action shall be commenced in any court by any person against any member
of the National Guard of this state for any act or omission alleged to have been committed
by such member while on any duty under this chapter, or against any member acting under the
authority or order of any officer or by virtue of any warrant issued pursuant to law, the
Adjutant General shall investigate the allegation, and upon determination by the Adjutant
General that such person acted reasonably or in the line of duty, the Governor shall appoint
counsel to defend such person, but such counsel shall reasonably be acceptable to the defendant.
The cost and expense of any such defense shall be paid out of the regular or special appropriations
for the maintenance of the National Guard or the General Fund, in the discretion of the Governor.
Any determination by the Adjutant General or reasonableness or...
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34-4-31
Section 34-4-31 Revocation or suspension - Resulting from judgment in damage action. Whenever
any person, partnership, association or corporation claiming to have been injured or damaged
by the gross negligence, incompetency, fraud, dishonesty, or misconduct on the part of any
licensee following the calling or engaging in the business herein described shall file an
action upon such claim against such licensee in any court of record in this state and shall
recover judgment thereon, such court may as part of its judgment in such case, if it deems
it a proper case in which to do so, revoke the defendant's license, which shall not be reissued
to such licensee except upon unanimous vote of all members of the board in favor of such reissuance
and only then after the lapse of a period of 90 days from the date of such revocation. (Acts
1973, No. 811, p. 1236, §15.)...
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41-9-351
Section 41-9-351 Commission may provide for insurance for properties and employees. (a) The
commission may provide insurance covering loss or damage to its properties or any properties
of others in its custody, care, or control or any properties as to which it has any insurable
interest caused by fire or other casualty and may likewise provide insurance for the payment
of damages on account of the injury or death of persons and the loss or destruction
of properties of others, and may pay the premiums out of the revenues of the commission. Nothing
in this section shall be construed to authorize or permit the institution of any civil action
or proceeding in any court against the commission for or on account of any matter referred
to in this section. Any contracts of insurance authorized by this section may, in the discretion
of the chair of the commission, provide for a direct right of action against the insurance
carrier for the enforcement of any claims or causes of action. (b) The...
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43-2-82
Section 43-2-82 Liability of judge of probate, etc., in taking bond. When a party is required
to give a bond and is not otherwise exempt from giving a bond, the judge of probate is liable
for any wanton, fraudulent, or intentional misconduct for not requiring a bond or for taking
an insufficient bond from any personal representative, fiduciary, or someone serving
in a similar capacity. Any person injured thereby may maintain an action against the judge
and his or her sureties and recover for the injury proved. (Code 1852, §1692; Code
1867, §2013; Code 1876, §2375; Code 1886, §2033; Code 1896, §76; Code 1907, §2545; Code
1923, §5767; Code 1940, T. 61, §101; Act 2017-174, §1.)...
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6-6-590
Section 6-6-590 Right of action and venue - Vacating charter or annulling existence of corporation.
(a) An action may be commenced under this article, in the name of the state, against the offending
corporation, on the information of any person for the purpose of vacating the charter or annulling
the existence of any corporation, other than municipal, whenever such corporation: (1) Offends
against any of the acts creating, altering, or renewing such corporation; (2) Violates the
provisions of any law, by which such corporation forfeits its charter, by abuse of its powers;
(3) Has forfeited its privileges or franchises by failure to exercise its powers; (4) Has
done or omitted any act which amounts to a surrender of its corporate rights, privileges,
and franchises; or (5) Exercises a franchise or privilege not conferred on it by law. (b)
The judge of the circuit court, whenever he believes that any of the acts or omissions specified
in subsection (a) of this section can be proved and it...
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6-6-591
Section 6-6-591 Right of action and venue - Usurpation, etc., of office or franchise, etc.
(a) An action may be commenced in the name of the state against the party offending in the
following cases: (1) When any person usurps, intrudes into or unlawfully holds or exercises
any public office, civil or military, any franchise, any profession requiring a license, certificate,
or other legal authorization within this state or any office in a corporation created by the
authority of this state; (2) When any public officer, civil or military, has done or suffered
any act by which, under the law, he forfeits his office; or (3) When any association, or number
of persons, acts within this state as a corporation without being duly incorporated. (b) The
judge of the circuit court may direct the action to be commenced when he believes that any
of the acts specified in subsection (a) of this section can be proved and it is necessary
for the public good, or it may be commenced without the direction...
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