§56-7-6. Proof of Debt Before Commissioner by Affidavit; Counter Affidavit
Every creditor in any chancery cause pending in any court before a commissioner in chancery under a decree of reference in such cause may establish his debt or demand against the debtor, if it be for the recovery of money due on contract, by filing before the commissioner with such debt or demand, completely itemized […]
§56-7-7. Adjournment of Hearing; Notice of Completion of Report; Exceptions
A commissioner in chancery may adjourn his proceedings from time to time after the day to which notice was given, without any new notice, until his report is completed; and when it is completed, he shall give notice of the fact to all attorneys who appear of record in the cause; and thereafter, unless otherwise […]
§56-6-34. Issuance of Executions During Term
Any circuit court or other court of record, after the fifteenth day of its term, may make a general order allowing executions to issue on judgments or decrees after ten days from their date, although the term at which they are rendered be not ended. For special cause it may, in any particular case, except […]
§56-6-35. Bills of Exceptions Generally
In the trial of a case at law in which a writ of error or supersedeas lies to the court of appeals, a party may except to any action or opinion of the court and tender a bill of exceptions; and if the action or opinion of the court be upon any question involving the […]
§56-6-36. Certificate in Lieu of Bill of Exceptions
In lieu of the bill of exceptions provided by the preceding section, it shall be sufficient that any matter intended to become a part of the record in any case shall be certified as provided in the following provisions of this section: (a) Certificate of all the evidence and proceedings reported. — Whenever, for any […]
§56-6-36a. Settling, Signing and Certifying Bill of Exceptions or Certificate in Lieu Thereof by Judge Other Than Judge Before Whom Case Was Tried
In the event of the death or resignation of, or the expiration of the term of office or a vacancy in the office for any other cause of, the judge before whom a case was tried, or in the event the trial judge becomes physically or mentally incapable of discharging the duties of his office, […]
§56-6-37. How Certificate of Trial Judge or Bills of Exceptions to Be Considered; Instructions in Transcript All Presumed to Be Given by Court
The appellate court in reviewing, upon a writ of error or supersedeas to a final judgment, or upon an appeal from a final decree, of an inferior court in a cause, any question arising upon the record in such cause, shall in every instance, wherever necessary to a decision of such question, consider any exception, […]
§56-6-38. Hearing of Chancery Causes in Open Court; Oral Testimony; Rules of Evidence; Transcript for Appeal
Chancery causes may, by leave of the court, and by agreement of counsel for the parties, be heard and determined in open court; but in cases so heard the witnesses shall personally appear before the judge to testify orally, unless their depositions shall be taken out of court, under rules obtaining, by agreement of counsel, […]
§56-6-39. Hearing of Motion; Action or Chancery Cause in Vacation; Certification, Entry and Effect of Order or Decree
Any motion, civil action at law, or chancery cause, pending in a circuit court, or any other court, or before the judge thereof, having jurisdiction of the subject matter, or any matter of law, or fact, arising in such motion, action at law, or chancery cause, may, by consent of parties, either in person or […]
§56-6-40. Contempt Proceedings in Vacation
The judge of every circuit court or other court of record having jurisdiction to try or hear actions at law or suits in equity shall have the same power in vacation that he has in term to punish disobedience of and enforce obedience to any decree or order made in his court and for such […]