§ 23-3-24. Disposition of Property
If the defendant fails or refuses to replevy the property, the court may, in its discretion, make such disposition of it as shall appear most advantageous to all parties. History. Orig. Code 1863, § 3150; Code 1868, § 3162; Code 1873, § 3229; Code 1882, § 3229; Civil Code 1895, § 4889; Civil Code 1910, […]
§ 23-2-130. When Specific Performance Decreed Generally
Specific performance of a contract, if within the power of the party, will be decreed, generally, whenever the damages recoverable at law would not be an adequate compensation for nonperformance. History. Orig. Code 1863, § 3118; Code 1868, § 3130; Code 1873, § 3186; Code 1882, § 3186; Civil Code 1895, § 4036; Civil Code […]
§ 23-3-25. Issuance of Writ Without Judge’s Sanction
In cases of emergency, upon the affidavit of the complainant that he cannot obtain the sanction of the judge in time to remedy the mischief, the writ of ne exeat may issue at once, to continue until the first term of the court to which it is returnable, unless earlier heard by order of the […]
§ 23-2-95. Creditors’ Petitions
Creditors’ petitions may be filed at the instance of any creditor, the privilege being extended to all to appear and become parties within a reasonable time. History. Orig. Code 1863, § 3079; Code 1868, § 3091; Code 1873, § 3148; Code 1882, § 3148; Civil Code 1895, § 4003; Civil Code 1910, § 4600; Code […]
§ 23-2-96. When Equitable Assets May Be Reached by Creditor
Equitable assets may be reached by a creditor in every case where he shows that there is danger of not being satisfied out of legal assets. History. Orig. Code 1863, § 3084; Code 1868, § 3096; Code 1873, § 3153; Code 1882, § 3153; Civil Code 1895, § 4004; Civil Code 1910, § 4601; Code […]
§ 23-2-97. Time Limit for Intervention in Case Disposing of Assets; Publication of Order
In all equity cases in which assets of either or both parties are being administered, marshaled, or otherwise disposed of by the court, upon motion of either party or of the court at least 60 days before the term for trial, an order shall be passed bearing the title of the case and addressed to […]
§ 23-2-98. Application of Joint and Individual Assets to Debts
Joint assets shall be applied to joint debts, and individual assets to individual debts; but, when the joint assets are exhausted, the joint debts may come upon individual assets, the individual debts, without regard to relative dignity as compared with the joint debts, being first advanced the pro rata amount received on the joint debts […]
§ 23-2-110. Equitable Jurisdiction Over Powers
Powers, especially of appointment, being always founded on trust or confidence, are peculiarly subjects of equitable supervision. History. Orig. Code 1863, § 3097; Code 1868, § 3109; Code 1873, § 3166; Code 1882, § 3166; Civil Code 1895, § 4017; Civil Code 1910, § 4614; Code 1933, § 37-601.
§ 23-2-111. Exercise of Discretionary Powers Not Compellable Generally
Equity may not compel a party, having a discretion, to exercise a power of appointment. History. Orig. Code 1863, § 3098; Code 1868, § 3110; Code 1873, § 3167; Code 1882, § 3167; Civil Code 1895, § 4018; Civil Code 1910, § 4615; Code 1933, § 37-602.
§ 23-2-112. When Faithful Execution of Power Compellable
In all cases where no discretion is allowed or the discretion allowed is abused, equity may compel a faithful execution of the power. History. Orig. Code 1863, § 3102; Code 1868, § 3114; Code 1873, § 3171; Code 1882, § 3171; Civil Code 1895, § 4022; Civil Code 1910, § 4619; Code 1933, § 37-606.