§ 9-2-30. Substitution of Plaintiff’s Spouse or Others in Action on Chose in Action Assigned as Year’s Support
When a party plaintiff dies during litigation concerning any chose in action and the chose in action is assigned to the surviving spouse, the surviving spouse and children, or the children only of the decedent as any part of a year’s support, the surviving spouse personally or for the use of the surviving spouse and […]
§ 9-2-40. No Abatement on Death of Party Where Cause Survives
No action shall abate by the death of either party, where the cause of action shall in any case survive to or against the legal representatives of the deceased party, either in the same or any other form of action. History. Laws 1799, Cobb’s 1851 Digest, p. 472; Code 1863, § 3371; Code 1868, § […]
§ 9-2-41. Nonabatement of Tort Actions; Survival of Cause; No Punitive Damages Against Representative
No action for a tort shall abate by the death of either party, where the wrongdoer received any benefit from the tort complained of; nor shall any action or cause of action for the recovery of damages for homicide, injury to the person, or injury to property abate by the death of either party. The […]
§ 9-2-6. Demand Prior to Action Not Necessary
No demand shall be necessary before the commencement of an action, except in such cases as the law or the contract prescribes. History. Orig. Code 1863, § 3179; Code 1868, § 3190; Code 1873, § 3255; Code 1882, § 3255; Civil Code 1895, § 4935; Civil Code 1910, § 5512; Code 1933, § 3-106.
§ 9-2-7. Implied Promise to Pay for Services or Property
Ordinarily, when one renders service or transfers property which is valuable to another, which the latter accepts, a promise is implied to pay the reasonable value thereof. However, this presumption does not usually arise in cases between very near relatives. History. Civil Code 1895, § 4936; Civil Code 1910, § 5513; Code 1933, § 3-107. […]
§ 9-2-8. Private Rights of Action Not Created Unless Expressly Stated
No private right of action shall arise from any Act enacted after July 1, 2010, unless such right is expressly provided therein. Nothing in subsection (a) of this Code section shall be construed to prevent the breach of any duty imposed by law from being used as the basis for a cause of action under […]
§ 9-2-20. Parties to Actions on Contracts; Action by Beneficiary
As a general rule, an action on a contract, whether the contract is expressed, implied, by parol, under seal, or of record, shall be brought in the name of the party in whom the legal interest in the contract is vested, and against the party who made it in person or by agent. The beneficiary […]
§ 9-2-21. Parties to Actions for Torts; Notice to Department of Community Health for a Party Who Has Received Medical Assistance Benefits
An action for a tort shall, in general, be brought in the name of the person whose legal right has been affected. In the case of an injury to property, a tort action shall be brought in the name of the person who was legally interested in the property at the time the injury thereto […]
§ 9-2-22. Joinder of Defendants in Action for Deficiencies in Construction
In any action arising out of alleged deficiencies in the construction of improvements on real property, the party plaintiff may join in one action, as parties defendants, all parties who allegedly contributed in the construction of the improvements as well as all bonding companies who bonded the performance of the parties defendant. History. Code 1933, […]
§ 9-2-23. Separate Action by Tenant in Common
A tenant in common may bring an action separately for his own interest, and the judgment in such case shall affect only himself. History. Orig. Code 1863, § 3183; Code 1868, § 3194; Code 1873, § 3259; Code 1882, § 3259; Civil Code 1895, § 4941; Civil Code 1910, § 5518; Code 1933, § 3-111. […]