§ 9-13-9. When Execution Returnable
All executions, except as otherwise provided by this Code, shall be made returnable to the next term of the court from which they issued. History. Orig. Code 1863, § 3557; Code 1868, § 3580; Code 1873, § 3635; Code 1882, § 3635; Civil Code 1895, § 5416; Civil Code 1910, § 6021; Code 1933, § […]
§ 9-13-10. Issuance of Execution; to Whom Directed; on What Property Levied
Except as otherwise provided by law, executions shall be issued by the clerk of the court in which judgment is obtained, shall bear teste in the name of the judge of such court, shall bear date from the time of their issuing, shall be directed “To all and singular the sheriffs of this state and […]
§ 9-13-11. Direction, Levy, Service, and Return of Execution When Sheriff a Party
All executions, orders, decrees, attachments for contempt, and final process issued by the clerks of the courts in favor of or against any sheriff shall be directed to the coroner of the county in which the sheriff resides and to all and singular the sheriffs of the state, except the sheriff of the county in […]
§ 9-13-12. Entry of Levy on Process
The officer making a levy shall enter the same on the process by virtue of which levy is made and in the entry shall plainly describe the property levied on and the amount of the interest of defendant therein. History. Orig. Code 1863, § 3569; Code 1868, § 3592; Code 1873, § 3640; Code 1882, […]
§ 9-13-13. Written Notice of Levy on Land
In all cases of levying on land, written notice of the levy must be given personally or delivered by certified mail or statutory overnight delivery to the tenant in possession and to the defendant if not in possession. The officer levying on land under an execution, within five days thereafter, shall leave a written notice […]
§ 9-13-14. Bonds Taken by Executing Officers Valid; Rights of Plaintiffs Not Affected
All bonds taken by sheriffs or other executing officers from defendants in execution for the delivery of property, on the day of sale or any other time, which they may have levied on by virtue of any fi. fa. or other legal process from any court shall be good and valid in law and recoverable […]
§ 9-13-15. Measure of Damages on Forthcoming Bond
Whenever personal property is levied upon under any judicial process from the courts of this state and a forthcoming bond is given for the same, the measure of damages to be recovered upon the bond shall be the value of the property at the time of its delivery under the bond, with interest thereon; and, […]
§ 9-13-16. Penalty for Fraudulent Levy
Any person who fraudulently causes any process, attachment, distress, or execution to be levied on any estrayed animal, lot of land, or other property, knowing that the same is not subject to the process or writ, shall, for the first offense, be guilty of a misdemeanor. For any subsequent conviction, the person shall be sentenced […]
§ 9-13-1. Entry and Signing of Judgment Prerequisite to Execution
No execution shall issue until judgment is entered and signed by the party in whose favor verdict was rendered or by his attorney, or by the presiding judge or justice. History. Laws 1799, Cobb’s 1851 Digest, p. 494; Code 1863, § 3487; Code 1868, § 3510; Code 1873, § 3568; Code 1882, § 3568; Civil […]
§ 9-13-2. Execution Suspended by Appeal
If execution is issued before the expiration of the time allowed for entering an appeal, the execution will be suspended on the entering of an appeal by either party. History. Orig. Code 1863, § 3556; Code 1868, § 3579; Code 1873, § 3634; Code 1882, § 3634; Civil Code 1895, § 5415; Civil Code 1910, […]