Section 6-8-101 – Litigation on Merits After Loss on Certain Defenses Not Bar to Raising of Same Defenses on Appeal.
Section 6-8-101 Litigation on merits after loss on certain defenses not bar to raising of same defenses on appeal. A party may raise the defenses of (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, and (5) insufficiency of service of process […]
Section 6-8-102 – Filing of Copies in Place of Missing Pleadings, Etc.
Section 6-8-102 Filing of copies in place of missing pleadings, etc. If any of the original pleadings, motions, or other papers shall be lost, destroyed, or withheld by any person, the court may order a copy to be filed in the place of the missing original. (Code 1852, §2268; Code 1867, §2672; Code 1876, §3022; […]
Section 6-8-103 – Allowing Omissions in Testimony to Be Supplied.
Section 6-8-103 Allowing omissions in testimony to be supplied. The court may, at its discretion, at any time before the conclusion of the argument, when it appears to be necessary to the due administration of justice, allow a party to supply an omission in the testimony on such terms and under such limitations as the […]
Section 6-8-104 – Limit of Two New Trials.
Section 6-8-104 Limit of two new trials. No more than two new trials can be granted the same party in any cause of action. (Code 1852, §2267; Code 1867, §2671; Code 1876, §3021; Code 1886, §2738; Code 1896, ,§3314; Code 1907, §5354; Code 1923, §9519; Code 1940, T. 7, §277.)
Section 6-8-83 – Exemptions – Negotiated Commercial Paper.
Section 6-8-83 Exemptions – Negotiated commercial paper. Paper governed by the commercial law, negotiated before maturity, is not subject to counterclaim. (Code 1852, §2244; Code 1867, §2646; Code 1876, §2995; Code 1886, §2684; Code 1896, §3733; Code 1907, §5864; Code 1923, §10178; Code 1940, T. 7, §356.)
Section 6-8-84 – Effect of Statute of Limitations.
Section 6-8-84 Effect of statute of limitations. When the defendant pleads a counterclaim to the plaintiff’s demand, to which the plaintiff replies the statute of limitations, the defendant is nevertheless entitled to his counterclaim, where it was a legal subsisting claim at the time the right of action accrued to the plaintiff on the claim […]
Section 6-8-85 – Judgment for Defendant – Permissive Counterclaims.
Section 6-8-85 Judgment for defendant – Permissive counterclaims. If the debt or demand permissively counterclaimed exceeds the amount of the plaintiff’s demand, the amount of such excess being found by the jury or court trying the same, judgment must be entered against the plaintiff for costs and in favor of the defendant for such excess, […]
Section 6-8-86 – Judgment for Defendant – Compulsory Counterclaims.
Section 6-8-86 Judgment for defendant – Compulsory counterclaims. On a compulsory counterclaim, if the claim or demand of the defendant equals the claim or demand of the plaintiff, judgment must be entered for the defendant; if the claim or demand of the defendant exceeds the claim or demand of the plaintiff and the plaintiff is […]
Section 6-8-100 – Answer of Tender; Judgment Thereon.
Section 6-8-100 Answer of tender; judgment thereon. An answer of tender of money or of a thing in action must be accompanied by a delivery of the money or such thing in action to the clerk of the court. If the tender is of ponderous articles or other personal property, the answer must aver a […]
Section 6-8-62 – Timing and Duration of Publication; Internet Publication.
Section 6-8-62 Timing and duration of publication; Internet publication. (a) When the notice is required to be given for a specified number of weeks, it must be given by consecutive weekly insertions for the number of weeks so specified. When the notice is of a proceeding to be had or of an act to be […]