§ 16-19-1101. Rule and attachment — Compelling justice of the peace to allow appeal
If a justice of the peace fails to allow an appeal in a cause where the appeal ought to be allowed, the circuit court or the judge thereof in vacation, on such facts appearing satisfactorily, may by rule and attachment compel the justice of the peace to allow the appeal, and return the record of […]
§ 16-19-1102. Rule and attachment — Compelling return of proceedings by justice of the peace
Upon the appeal being made and allowed, the circuit court may by rule and attachment compel a return by the justice of the peace of the record of his proceedings in the suit and of the papers required to be returned by him.
§ 16-19-907. Immediate issuance of execution to prevent fraud
If the plaintiff or his agent makes an oath before the justice of the peace rendering the judgment that he has reason to believe that the defendant is secreting his property or is putting it out of his hands for the purpose of defrauding his just creditors and that he verily believes the debt will […]
§ 16-19-908. Execution issued where bond insufficient
If any plaintiff, in any judgment rendered before a justice of the peace upon which execution has been stayed, satisfies the justice of the peace before whom an obligation for the stay may have been entered into, by affidavit or by evidence, that the obligation or the security therein is insufficient and that unless execution […]
§ 16-19-909. Failure to satisfy judgment — Levy against principal and security — Judgment for bail
(a) If at the expiration of the stay, any judgment is not paid, the execution shall be issued against both principal and security. (b) (1) If the principal does not satisfy the execution, and the officer cannot find sufficient property belonging to him upon which to levy, he shall levy upon the property of the […]
§ 16-19-1001. Issuance generally
(a) Upon every judgment rendered by a justice of the peace, execution shall be issued by the justice of the peace in the manner prescribed in this subchapter, at any time on demand, unless the execution has been stayed. (b) The execution shall be directed to any constable of the county. (c) The execution must […]
§ 16-19-1002. Issuance of execution — Time limitations
Executions for the enforcement of judgments in a justice of the peace court, except when filed in the clerk’s office of the circuit court of the county in which the judgment was rendered, may be issued by the justice of the peace before whom judgment was rendered on the application of the party entitled thereto […]
§ 16-19-1003. Execution by other than regular justice
(a) Whenever a justice of the peace in any township in any county in this state, before whom a judgment has been obtained and upon whose docket the judgment appears against any person or persons, is absent from his office so that he cannot be found or has resigned or died and no successor been […]
§ 16-19-705. Setting aside judgment by default or dismissal for want of prosecution
A judgment of dismissal for want of prosecution, or judgment by default, may be set aside by the justice at any time within ten (10) days after being rendered if the party applying therefor can show a satisfactory excuse for his default, and a meritorious cause of action or meritorious defense. Upon such a showing […]
§ 16-19-1004. Issuance against goods and chattels — Real estate exempt
(a) The execution shall be against the goods and chattels of the person against whom the execution is issued. (b) No real estate shall be levied upon or sold by virtue of any execution issued from a justice of the peace court.