§ 9-13-90. Claims Authorized; to Be on Oath
When any sheriff or other officer shall levy an execution or other process on property claimed by a third person not a party to the execution, the person, his agent, or his attorney may make oath claiming the property. History. Laws 1839, Cobb’s 1851 Digest, p. 535; Code 1863, § 3650; Code 1868, § 3675; […]
§ 9-13-57. Choses in Action
Choses in action are not liable to be seized and sold under execution, unless made so specially by statute. History. Orig. Code 1863, § 3501; Code 1868, § 3524; Code 1873, § 3582; Code 1882, § 3582; Civil Code 1895, § 5353; Civil Code 1910, § 5948; Code 1933, § 39-113.
§ 9-13-91. Bond and Security for Damages; How Damages Determined
The person claiming the property levied on, or his agent or attorney, shall give bond to the sheriff or other levying officer, with good and sufficient security in a sum not larger than double the amount of the execution levied, made payable to the plaintiff in execution. Where the property levied on is of less […]
§ 9-13-58. Corporation’s Disclosure of Worth of Defendant’s Shares Mandated; Refusal Treated as Contempt
Upon demand by any sheriff, constable, or other levying officer having in his hands any execution against any person who is the owner of any shares of stock of a bank or corporation upon the president, superintendent, manager, or other officer having access to the books of the bank or corporation, the president, superintendent, manager, […]
§ 9-13-92. Affidavit of Indigence
In all claim cases where claimants are unable to give bond and security as required in this article, the claimants may file, in addition to the oath required in Code Section 9-13-90, an affidavit as follows: “I, A.B., do swear that I do not interpose this claim for delay only; that I bona fide claim […]
§ 9-13-59. What Property Liable to Execution in Action Against Joint Contractors or Partners When Not All Served
Where, in an action against two or more joint contractors, joint and several contractors, or partners, service is perfected on only part of the contractors or partners and the officer serving the writ returns that the others are not to be found, the judgment obtained shall bind, and execution may be levied on, the joint […]
§ 9-13-60. Taking Up of Debt to Give Defendant Legal Title to Property; Notice of Levy and Sale; Application of Proceeds
Where any person other than the vendor or other than the holder or assignee of the purchase money or secured debt has a judgment against a defendant in execution who does not hold legal title to property but has an interest or equity therein, such plaintiff in execution may take up the debt necessary to […]
§ 9-13-70. Suspension of Execution for 60 Days Pending Payment; Bond
In all cases in which a verdict or judgment is rendered, the party against whom the same is entered may, either in open court or in the clerk’s office, within four days after the adjournment of court, enter into bond with good and sufficient security for the payment of the verdict or judgment and costs […]
§ 9-13-71. Sufficient Levy on Personalty Prima-Facie Satisfaction; Effect of Dismissal
A levy upon personal property sufficient to pay the debt, which levy is unaccounted for, shall be prima-facie evidence of satisfaction to the extent of the value of the property. The unexplained dismissal of the levy shall be an abandonment of the lien so far as third persons are concerned. History. Orig. Code 1863, § […]
§ 9-13-34. Right to Transfer Execution; Status of Transferee
Any plaintiff in judgment or transferee may in good faith and for a valuable consideration transfer any execution to a third person. In all cases the transferee of any execution shall have the same rights and shall be subject to the same equities and the same defenses as was the original plaintiff in judgment. History. […]