US Laws, Codes, Statutes & Cases

Article 1 Settlement of Controversies.

• Section 6-6-1 — Duty of courts to encourage settlement of pending controversies.
• Section 6-6-2 — Reference of controversy when no action pending to arbitrators.
• Section 6-6-3 — Statement of dispute; naming of arbitrators; delivery of submission with list of witnesses.
• Section 6-6-4 — Arbitrators - Duties generally.
• Section 6-6-5 — Arbitrators - Substitution; award by majority.
• Section 6-6-6 — Arbitrators - Oath.
• Section 6-6-7 — Arbitrators - Power to subpoena witnesses, administer oaths and take depositions.
• Section 6-6-8 — Subpoena of witnesses - Execution.
• Section 6-6-9 — Subpoena of witnesses - Liability on default.
• Section 6-6-10 — Fees and charges - Arbitrators, witnesses, sheriffs and constables; how paid.
• Section 6-6-11 — Fees and charges - Refusal to testify or deliver award until paid; recovery by party not liable therefor.
• Section 6-6-12 — Award - Proceedings when not performed; force and effect.
• Section 6-6-13 — Award - Enforcement.
• Section 6-6-14 — Award - Conclusive between parties and final; exceptions.
• Section 6-6-15 — Award - Appeals.
• Section 6-6-16 — Common-law arbitration not precluded.
• Section 6-6-20 — Definition; instances requiring mediation; sanctions; exceptions; etc.

Article 2 Attachment.

• Section 6-6-30 — Applicability of article to private corporations.
• Section 6-6-40 — Form.
• Section 6-6-41 — Matters for which issued.
• Section 6-6-42 — Cases in which issued.
• Section 6-6-43 — By whom issued.
• Section 6-6-44 — Oath of plaintiff.
• Section 6-6-45 — Execution of bond by plaintiff; discharge of levy.
• Section 6-6-46 — When additional affidavit of special facts and circumstances to determine amount of levy required; reduction of sum.
• Section 6-6-47 — By executors and administrators.
• Section 6-6-48 — By one nonresident against another nonresident.
• Section 6-6-49 — By foreign or domestic corporations.
• Section 6-6-50 — Security for costs by nonresident or foreign corporation.
• Section 6-6-51 — Against foreign corporations.
• Section 6-6-52 — When issued and executed on Sunday.
• Section 6-6-53 — Return of bond and affidavit.
• Section 6-6-70 — On what property and persons; endorsement on writ; taking of property into possession.
• Section 6-6-71 — Proceedings with garnishees.
• Section 6-6-72 — Levy on joint or separate property.
• Section 6-6-73 — Levy in any county; holding of attached property.
• Section 6-6-74 — Branch writs.
• Section 6-6-75 — Alias writs of attachment or new writs of garnishment.
• Section 6-6-76 — Creation of lien.
• Section 6-6-77 — Sale of property levied on where perishable or expensive to keep.
• Section 6-6-78 — Order for receipt of sale proceeds by plaintiff pending action upon executing refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
• Section 6-6-79 — Proceedings against sheriff and sureties for money received in sale of perishables.
• Section 6-6-80 — Indemnification of sheriff by plaintiff.
• Section 6-6-81 — Notice of levy - Nonresident defendant.
• Section 6-6-82 — Notice of levy - Resident defendants.
• Section 6-6-100 — By whom; execution of bond.
• Section 6-6-101 — Forfeiture of bond; execution on bond.
• Section 6-6-102 — Tender of value if property dead or destroyed.
• Section 6-6-120 — In aid of pending action.
• Section 6-6-121 — When defendants evade service of process; dismissal of attachment.
• Section 6-6-140 — Filing of complaint in actions begun by attachment - Time.
• Section 6-6-141 — Filing of complaint in actions begun by attachment - Issuance and service of summons; default judgment.
• Section 6-6-142 — Dismissal of attachment.
• Section 6-6-143 — Construction of attachment law; amendments; dismissal.
• Section 6-6-144 — Suspending entry of judgment - Against executor or administrator.
• Section 6-6-145 — Suspending entry of judgment - Against defendant while claims, etc., settled.
• Section 6-6-146 — Restoration of property to claimant at plaintiff's cost.
• Section 6-6-147 — Execution upon judgment by plaintiff.
• Section 6-6-148 — Action by defendant - On attachment bond for damages.
• Section 6-6-149 — Action by defendant - Venue for actions on injunction bond or attachment bond in cases of injunction or bankruptcy.

Article 3 Trial of Right of Property.

• Section 6-6-160 — Claim of persons not party to writ of execution or attachment, etc., to personal property levied on; affidavit and bond; delivery of property to claimant.
• Section 6-6-161 — Return of writ, bond and affidavit; issue made up; burden of proof.
• Section 6-6-162 — Assessment of property value and damages for delay.
• Section 6-6-163 — Forfeiture of claimant's bond; execution for amount of judgment, damages and costs.
• Section 6-6-164 — Claims based on mortgage or lien; ascertainment of amount; payment by plaintiff; sale of property and application of proceeds.
• Section 6-6-165 — Return - Where execution issued from probate court; trial in circuit court; return of execution on forfeited bond.
• Section 6-6-166 — Return - Where levy made in different county than where judgment entered or original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
• Section 6-6-167 — Levy on other property by plaintiff not precluded.
• Section 6-6-168 — Release of sheriff from damages for seizure.

Article 4 Creditors' Actions.

• Section 6-6-181 — Complaint to compel discovery, etc., of property - Intent to hinder, delay, or defraud creditors; charge of fraud to be answered; use of answer as evidence on fraud indictment.
• Section 6-6-180 — Complaint to compel discovery, etc., of property - Execution for money not satisfied.
• Section 6-6-182 — Complaint to compel discovery, etc., of property - Creditor without lien.
• Section 6-6-183 — Complaint for discovery of assets - Execution returned "no property found" or creditor without lien or judgment; answer of debtor.
• Section 6-6-184 — Complaint for discovery of assets - Joinder of judgment creditors, creditors without liens, or judgments and assignees of judgments.
• Section 6-6-185 — Complaint for discovery of assets - Orders or judgments; appointment of receiver.
• Section 6-6-186 — Examination of debtor as to his property, etc.
• Section 6-6-187 — Subjecting unpaid subscriptions to satisfy payment of judgment against corporation.
• Section 6-6-200 — Statement of assets - Notice to debtor to file; contents.
• Section 6-6-201 — Statement of assets - Order to appear before court for oral examination; production of papers, etc.
• Section 6-6-202 — Statement of assets - Refusal to file or submit to oral examination.
• Section 6-6-203 — Taxation of costs.
• Section 6-6-204 — Remedy deemed cumulative.

Article 5 Declaratory Judgments.

• Section 6-6-220 — "Person" defined.
• Section 6-6-221 — Purpose, construction and administration of article.
• Section 6-6-222 — Power of courts of record; form and effect of declarations.
• Section 6-6-223 — Construction or validity of instruments, statutes, ordinances, contracts or franchises.
• Section 6-6-224 — Construction of contracts before or after breach.
• Section 6-6-225 — Questions on administration of trust or estate of a decedent, etc.
• Section 6-6-226 — Enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 not exclusive.
• Section 6-6-227 — Persons to be made parties; rights of persons not parties.
• Section 6-6-228 — Determination of issue of fact.
• Section 6-6-229 — When refusal proper.
• Section 6-6-230 — Granting of further relief; application therefor; order to show cause.
• Section 6-6-231 — Awarding of costs.
• Section 6-6-232 — Review of orders and judgments.

Article 6 Detinue.

• Section 6-6-250 — Duty of clerk to require taking of property by sheriff unless defendant gives bond; disposition of property on failure to give bond.
• Section 6-6-251 — Service of process in action for recovery of household furniture and equipment; effect thereof.
• Section 6-6-252 — Intervention by claimant of property; disposition of property.
• Section 6-6-253 — Interpleader by defendant of adverse claimant of property; force and effect of bonds given.
• Section 6-6-254 — Return of bonds; liability of sheriff for failing to do so; compelling making of return.
• Section 6-6-255 — Proceedings when officer fails to find and take property.
• Section 6-6-256 — Assessment of value and damages and judgment - Trial of action.
• Section 6-6-257 — Assessment of value and damages and judgment - Dismissal of action.
• Section 6-6-258 — Assessment of value and damages and judgment - Failure of defendant to appear and plead.
• Section 6-6-259 — Actions by mortgagees or vendor in conditional sale contract, etc., against mortgagors or vendees, etc.
• Section 6-6-260 — Recovery of attorney's fee by person claiming to be owner of lost or stolen property.
• Section 6-6-261 — Execution upon judgment.
• Section 6-6-262 — Execution, garnishment, or other process on bond.
• Section 6-6-263 — Compelling restoration of property by execution or attachment; form of writ.
• Section 6-6-264 — Issuance of writs until judgment satisfied.

Article 7 Ejectment.

• Section 6-6-280 — Election to proceed by action of ejectment or action in nature of ejectment; proceedings upon action in nature of ejectment.
• Section 6-6-281 — Recovery of lands by or in name of state for schools or other educational or governmental institutions.
• Section 6-6-282 — Actions by mortgagee, etc., against mortgagors, etc.
• Section 6-6-283 — Demanding abstract of title to be relied on for recovery or defense; proceedings upon failure to furnish same.
• Section 6-6-284 — Disclaimer of possession by defendant.
• Section 6-6-285 — Proceedings upon defendant's suggestion of disputed boundary line.
• Section 6-6-286 — Proceedings upon defendant's suggestion of adverse possession.
• Section 6-6-287 — Joinder of landlord as party defendant; continuation of action against tenant.
• Section 6-6-288 — Liability - Tenant in possession.
• Section 6-6-289 — Liability - Person holding possession under color of title.
• Section 6-6-290 — Effect of judgment by default.
• Section 6-6-291 — What verdict for plaintiff to specify.
• Section 6-6-292 — Judgment - Damages only.
• Section 6-6-293 — Judgment - Rent of premises after judgment and before possession.
• Section 6-6-294 — Retention of possession for one year by defendant if crop planted or growing upon filing bond; force and effect of bond.
• Section 6-6-295 — Damages - When assessed in severalty.
• Section 6-6-296 — Damages - Exemplary or punitive.
• Section 6-6-297 — Issuance of writs before judgment satisfied.
• Section 6-6-298 — Two judgments in defendant's favor bar further action.

Article 8 Forcible Entry and Unlawful Detainer.

• Section 6-6-310 — Definitions.
• Section 6-6-311 — To what estates applicable.
• Section 6-6-312 — Commencement of action where property held jointly.
• Section 6-6-313 — Effect of temporary absence.
• Section 6-6-314 — Liability of lessee holding over; how such recovered.
• Section 6-6-315 — Uninterrupted occupation for three years bars action.
• Section 6-6-316 — Action of trespass, etc., not precluded.
• Section 6-6-317 — Notice or demand.
• Section 6-6-318 — Courts deemed always open.
• Section 6-6-319 — Forms for judgment, restitution or possession.
• Section 6-6-330 — Jurisdiction.
• Section 6-6-331 — Venue.
• Section 6-6-332 — Process - Form of notice; service and return thereof.
• Section 6-6-333 — Process - Neglect or refusal to execute by sheriff or constable.
• Section 6-6-334 — Failure of witnesses to attend or refusal to testify.
• Section 6-6-335 — Proceedings when parties appear or defendant fails to do so.
• Section 6-6-336 — Extent of inquiry.
• Section 6-6-337 — Proceedings upon determination for either plaintiff or defendant.
• Section 6-6-350 — To circuit court from district court.
• Section 6-6-351 — Writs of restitution or possession - Suspension upon payment of rent by defendant.
• Section 6-6-352 — Writs of restitution or possession - Issuance by circuit court.
• Section 6-6-353 — Proceedings when determination is against appellant.

Article 9 Garnishments.

• Section 6-6-370 — "Garnishment" defined.
• Section 6-6-371 — Applicability of Section 6-6-143.
• Section 6-6-390 — When process of garnishment obtainable.
• Section 6-6-391 — Affidavit of amount due plaintiff.
• Section 6-6-392 — Bond required when garnishment in aid of pending action; exception as to superintendent of banks.
• Section 6-6-393 — Issuance and service of process.
• Section 6-6-394 — Notice to defendant.
• Section 6-6-395 — Revival of proceedings when garnishee or contestant dies.
• Section 6-6-410 — Debt or demand on which action pending.
• Section 6-6-411 — Executors and administrators.
• Section 6-6-412 — Money in hands of attorney, sheriff, or other officer.
• Section 6-6-413 — Money or effects in hands of trustee; exception.
• Section 6-6-414 — Unpaid subscription of stock.
• Section 6-6-430 — Filing of bond; discharge of money or property from garnishment; proceedings as if bond not executed; judgment; discharge of garnishee.
• Section 6-6-431 — Bond in double amount; dissolution of garnishment and discharge of all garnishees; judgment against obligors.
• Section 6-6-450 — Filing of answer; notice thereof; oral examination.
• Section 6-6-451 — Answers on behalf of corporations.
• Section 6-6-452 — Payment of defendant's money into court if garnishee admits possession thereof.
• Section 6-6-453 — Payment of indebtedness or liability to clerk; effect thereof; ordering of deposit by court.
• Section 6-6-454 — Judgment where answer admits indebtedness to defendant.
• Section 6-6-455 — Proceedings when garnishee liable for delivery of personal property.
• Section 6-6-456 — Judgment and proceedings if possession of effects subject to levy and sale admitted.
• Section 6-6-457 — Proceedings on failure to appear and answer.
• Section 6-6-458 — Controverting of answer by plaintiff, etc.
• Section 6-6-459 — Contest of answer by defendant.
• Section 6-6-460 — Judgment when issue found against garnishee.
• Section 6-6-461 — Effect of judgment for plaintiff as between garnishee and defendant.
• Section 6-6-462 — Payment of costs to garnishee upon discharge.
• Section 6-6-463 — Disposition of claims of other persons suggested by garnishee.
• Section 6-6-464 — Appeals.
• Section 6-6-480 — "Salary" defined.
• Section 6-6-481 — Who may be garnished; how effected.
• Section 6-6-482 — Writ to issue only after final judgments on actions ex contractu.
• Section 6-6-483 — Answer of state official garnished to show assent to judgment.
• Section 6-6-484 — Drawing of warrant or check for money due as salary.

Article 10 Injunctions.

• Section 6-6-500 — Who may grant.
• Section 6-6-501 — Dissolution of preliminary injunction.
• Section 6-6-502 — Enjoining or restraining enforcement of ordinance.
• Section 6-6-503 — Enjoining unauthorized or unlawful practice of profession, occupation, or calling.

Article 11 Intemperates and Inebriates.

• Section 6-6-520 — Complaint to preserve estate of intemperate from waste and for general relief.
• Section 6-6-521 — Securing estate against further waste pending action.
• Section 6-6-522 — Trustee - Appointment.
• Section 6-6-523 — Trustee - Duties.
• Section 6-6-524 — Trustee - Control by appointing court.
• Section 6-6-525 — Trustee - Partial and final settlements of account.
• Section 6-6-526 — Trustee - Compensation.
• Section 6-6-527 — Restoration of estate.

Article 12 Quieting Title and Determination of Claims to Land.

• Section 6-6-540 — Right of action to settle title to lands by person in peaceable possession thereof.
• Section 6-6-541 — Contents of complaint.
• Section 6-6-542 — Contents of answer.
• Section 6-6-543 — Trial by jury or determination by court; entry and effect of judgment.
• Section 6-6-544 — Filing of judgment.
• Section 6-6-545 — Costs.
• Section 6-6-546 — Commencement of action by state.
• Section 6-6-560 — Who may file complaint to establish right or title to lands or interest therein.
• Section 6-6-561 — Contents of complaint.
• Section 6-6-562 — Appointment of guardians ad litem.
• Section 6-6-563 — Service of process.
• Section 6-6-564 — Publication of notice.
• Section 6-6-565 — Time to answer; default judgments.
• Section 6-6-566 — Prima facie and conclusive evidence of title.
• Section 6-6-567 — Interest or title to be shown by legal evidence.
• Section 6-6-568 — Intervention.
• Section 6-6-569 — Judgment - Contents.
• Section 6-6-570 — Judgment - Recordation.
• Section 6-6-571 — Assessment of costs.
• Section 6-6-572 — To whom title or interest inures.
• Section 6-6-573 — Remedy and procedure cumulative.

Article 13 Quo Warranto.

• Section 6-6-590 — Right of action and venue - Vacating charter or annulling existence of corporation.
• Section 6-6-591 — Right of action and venue - Usurpation, etc., of office or franchise, etc.
• Section 6-6-592 — Complaint to be clear and concise.
• Section 6-6-593 — Court always open; return of summons; setting of case for trial; trial by court or jury.
• Section 6-6-594 — Joinder - Alleged corporation as party defendant.
• Section 6-6-595 — Joinder - Informant.
• Section 6-6-596 — Effect of informant's death.
• Section 6-6-597 — Addition of person rightly entitled to office; entry of judgment on such right; delivery of books, papers, and property.
• Section 6-6-598 — Validity of election not triable.
• Section 6-6-599 — Judgment - Dissolving corporation and excluding same from corporate rights, etc.
• Section 6-6-600 — Judgment - Excluding defendant from office or franchise or prohibiting practice of profession.
• Section 6-6-601 — Costs - Assessment.
• Section 6-6-602 — Costs - Liability of informant's sureties.
• Section 6-6-603 — Appeals - Generally.
• Section 6-6-604 — Appeals - Stay of execution on judgment.

Article 14 Receivers.

• Section 6-6-620 — Appointment - Power of circuit court judge, register, or clerk.
• Section 6-6-621 — Appointment - Appeal when appointed by register or clerk.
• Section 6-6-622 — Appointment - Posting of bond by applicant; recovery upon bond.
• Section 6-6-623 — Appointment - Partnerships; power of court to make orders relative to partnership business, etc.; modification or vacation of appointment or orders.
• Section 6-6-624 — Appointment - Dissolution of attachments and levies of executions against corporations or partnerships.
• Section 6-6-625 — Payment of salaries, commissions, and wages before general liabilities of corporation or partnership paid.
• Section 6-6-626 — Commencement of actions against receivers or managers of property.
• Section 6-6-627 — Service of process on foreign or domestic receivers.
• Section 6-6-628 — Removal and filling of vacancies.

Article 15 Remedial Writs.

• Section 6-6-640 — Commencement by petition; answer thereto; amendments; relief upon issues presented.
• Section 6-6-641 — Appeals.
• Section 6-6-642 — Effect of article.

Article 16 Statutory Summary Proceedings Involving Officials.

• Section 6-6-660 — Notice of motion for judgment.
• Section 6-6-661 — Venue.
• Section 6-6-662 — Parties.
• Section 6-6-663 — Hearing and determination.
• Section 6-6-680 — Judgment against sheriff, etc., receiving or executing writ.
• Section 6-6-681 — Judgment in favor of defendant.
• Section 6-6-682 — Judgment in favor of clerk of appellate court; copy of execution and certification of clerk as evidence.
• Section 6-6-683 — Judgment against officer accepting substitute for juror or serving person other than one to be drawn.
• Section 6-6-684 — Entry of judgment in favor of sheriff or coroner.
• Section 6-6-700 — Entry of judgment against clerk, register, or their sureties.
• Section 6-6-720 — Entry of summary judgment in favor of state against certain defaulters or sureties.
• Section 6-6-721 — Forfeiture of half of compensation by tax collector, tax assessor, or probate judge for failure to discharge duties.
• Section 6-6-722 — Judgment against county treasurer, etc., failing to pay allowed claim.
• Section 6-6-723 — Judgment for failure to pay over moneys collected or received for county.
• Section 6-6-740 — Judgment for failure to pay over money collected or deliver personal property recovered in capacity as attorney.

Article 17 Validation of County, City, etc., Obligations.

• Section 6-6-750 — Definitions.
• Section 6-6-751 — Right to file petition to determine validity of obligations.
• Section 6-6-752 — Contents of petition; order to show cause; service of petition and order on district attorney; publication of public notice.
• Section 6-6-753 — Hearing and determination; contents of judgment.
• Section 6-6-754 — Appeal from judgment of circuit court.
• Section 6-6-755 — Conclusiveness of judgment validating and confirming issuance.
• Section 6-6-756 — Marking of validated obligations.
• Section 6-6-757 — Costs.