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50-7-1 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Right to Trial by Jury |
Either party to a civil action before a justice, when the value in controversy or the damages claimed exceed twenty dollars, or the possession of real estate is… |
Proofed
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50-7-2 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Time for Demand of Jury |
The demand must be made before the justice has commenced an investigation of the merits of the case, by the examination of any witness, or the hearing of other … |
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50-7-3 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Deposit of Jury Fees |
The party demanding the jury must deposit with the justice six dollars to pay the fees of such jury: Provided, That the party demanding such jury may file his a… |
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50-7-4 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Adjournment of Trial for Return of Jury |
When a jury is to be called, the trial shall be postponed until the time fixed for the return of the jury, which, if neither party show good cause for a later d… |
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50-7-5 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Summoning the Jury |
When a party demanding a jury shall have made the deposit required by section three of this article, or such deposit has been dispensed with, as provided in sai… |
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50-7-6 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Failure of Juror to Attend or Serve |
Any person so summoned who fails to appear, or when in attendance refuses to serve on the jury, without sufficient cause, may, after notice and an opportunity t… |
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50-7-7 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Persons Liable to Service; Competency Exemptions |
The provisions of chapter fifty-two of this Code relative to persons liable to jury service and exemptions therefrom, except where otherwise expressly provided … |
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50-7-8 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Competency of Jurors |
The jurors must be persons who stand impartial between the plaintiff and the defendant and are not related to either party or interested in the result of the ac… |
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50-7-9 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Examination of Jurors |
The justice, if either party to the action require it, or the party himself, may examine on oath any person who is called as a juror in such action, to know whe… |
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50-7-10 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Summoning Bystanders |
If a sufficient number of competent jurors be not obtained as aforesaid, the justice, in order to supply the deficiency, may direct the constable, or person dep… |
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50-7-11 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Challenges |
The plaintiff and defendant shall each be entitled to two peremptory challenges in making up the jury and the persons so challenged shall not be permitted to se… |
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50-7-12 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Exception to Juror |
No exception to a juror on account of age or legal disability shall be allowed after he is sworn, unless by leave of the justice; but if the justice require it,… |
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50-7-13 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Irregularities in Selection or Impaneling of Jurors |
No irregularity in any order summoning a jury, or the service thereof, or in selecting, or impaneling the jurors, shall be sufficient to set aside a verdict, un… |
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50-7-14 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Oath |
The jury shall be sworn by the justice well and truly to try the matter in difference between the plaintiff and defendant, and a true verdict give according to … |
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50-7-15 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Hearing of Case |
After the jury are sworn, they shall sit together and hear the evidence of the parties, which shall be delivered publicly in their presence; and, when they have… |
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50-7-16 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Return and Entry of Verdict |
When they have agreed on their verdict, they shall deliver it publicly to the justice, signed by one of their number as foreman; and the justice shall enter the… |
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50-7-17 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Failure to Agree; Continuance |
Whenever the justice is satisfied the jury can not agree, he may discharge them and order another jury to be drawn and summoned to appear within forty-eight hou… |
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50-7-18 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
Compensation of Jury; Costs |
On the verdict being delivered to the justice, if the deposit mentioned in section three of this article has been made, each juror shall be entitled to receive … |
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50-7-19 |
Ch. 50 — JUSTICES AND CONSTABLES |
Jury Trial in Civil Cases |
New Trial; When Granted |
If the justice believe the verdict to have been procured by fraud or undue means, or to be the result of partiality or prejudice, or to be manifestly contrary t… |
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50-8-1 |
Ch. 50 — JUSTICES AND CONSTABLES |
Arbitration |
Submission to Arbitration |
At any time before judgment the plaintiff and defendant may, by mutual agreement, have the cause submitted to the arbitrament of three disinterested men, who sh… |
Proofed
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50-8-2 |
Ch. 50 — JUSTICES AND CONSTABLES |
Arbitration |
Award |
When the arbitrators attend at the time and place so appointed, being first sworn as aforesaid, they shall hear and determine the cause, and make their award in… |
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50-8-3 |
Ch. 50 — JUSTICES AND CONSTABLES |
Arbitration |
Judgment on Award |
Every judgment on such award shall conclude the rights of the parties, unless, within fourteen days from the rendition of such judgment, it be made to appear, b… |
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50-8-4 |
Ch. 50 — JUSTICES AND CONSTABLES |
Arbitration |
Appeal From Judgment Setting Aside or Refusing to Set Aside Award |
An appeal may be taken to the circuit court or any inferior court in the county having appellate jurisdiction in civil cases, under the regulations prescribed i… |
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50-8-5 |
Ch. 50 — JUSTICES AND CONSTABLES |
Arbitration |
Setting Aside Arbitration Agreement |
If, after the arbitration has been agreed upon as provided in this article, the award be not returned to the justice within fourteen days, the justice, on the a… |
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50-8-6 |
Ch. 50 — JUSTICES AND CONSTABLES |
Arbitration |
Rehearing by Arbitrators |
Where an award is vacated, and the time within which the submission requires the award to be made has not expired, the justice, in his discretion, may direct a … |
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50-8-7 |
Ch. 50 — JUSTICES AND CONSTABLES |
Arbitration |
When Award May be Modified and Corrected |
Any party to such submission may also move to modify or correct such award in the following cases: (a) Where there is an evident miscalculation of figures, or a… |
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50-9-1 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Affidavit; Grounds of Attachment; Order |
The plaintiff, at the commencement of his action or at any time during its pendency, and before judgment, may, subject to the provisions contained in the follow… |
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50-9-2 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Attachment Bond; When Officer Liable for Wrongful Levy |
But such order shall not be issued until a bond with good security, to be approved by the justice, in a penalty double the amount of the claim sworn to, is file… |
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50-9-3 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Amendment of Affidavit |
The affidavit required by section one of this article may be amended at any time before trial by the substitution of a new affidavit complying with the requirem… |
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50-9-4 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
On What Claims Attachment Granted |
The order may be issued whether the action be founded on contract or brought to recover damages for a wrong; and, except where the ground of attachment is that … |
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50-9-5 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Attachment for Rent |
An attachment for rent may be issued by a justice and proceedings therein shall be had in the manner provided in section seventeen, article six, chapter thirty-… |
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50-9-6 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Contents of Order of Attachment |
The order shall command the officer who is to execute it to attach the personal property and claims of the defendant against whom it is issued, found within the… |
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50-9-7 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Officer’s Return |
The officer serving the attachment shall make a return of the day and hour and manner of service on each person designated as being indebted to, or having in hi… |
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50-9-8 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Taking Attached Property Into Custody; Forthcoming Bond; Appraisement |
The officer shall take into his custody and care any property found subject to the attachment, or a sufficiency thereof, and hold the same subject to the order … |
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50-9-9 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Interest and Profits Pending Suit |
When any attachment is sued out (except against a nonresident) on such affidavit as is provided for in section one of this article, and the property is seized a… |
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50-9-10 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Trial of Action Involving Attachment; Contest of Attachment; Procedure; Rehearing |
When the summons in the action has been served on the defendant against whom an order of attachment is issued, or such defendant appears to answer the action, t… |
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50-9-11 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Judgment and Execution Where Summons Not Served on Defendant |
A judgment rendered by a justice where the summons has not been served on the defendant, and he has not appeared to answer the action, shall have the effect of … |
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50-9-12 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Execution or Order of Sale; Sale; Application of Proceeds; Action on Forthcoming Bond |
After the plaintiff has obtained judgment, he may proceed by execution as aforesaid, or the justice, on his application, shall issue an order commanding the off… |
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50-9-13 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Service of Attachment Order on and Liability of Garnishee; Answer |
The officer who is to execute the order of attachment shall, within his county, deliver a copy thereof to any persons designated by the plaintiff, or whom the o… |
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50-9-14 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Discharge of Garnishee on Delivery of Property or Payment of Money |
The garnishee may, at any time before judgment against himself, deliver the property or pay the money for which he is so liable, or a sufficiency thereof to sat… |
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50-9-15 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Order to Garnishee to Answer After Judgment |
On motion of the plaintiff, after he has obtained judgment as aforesaid against the defendant, the justice shall make an order requiring any garnishee who has n… |
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50-9-16 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Answer of Garnishee; Failure to Appear or Answer |
If the garnishee appear and answer, he shall be examined, under oath, respecting whatever he is liable for, as provided by section thirteen of this article, and… |
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50-9-17 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Order for Payment or for Delivery of Property by Garnishee; Sale of Property |
If it appear by the admission or examination of the garnishee, or otherwise, that he is liable for any money or personal property, whether sufficient to satisfy… |
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50-9-18 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Enforcement of Such Order; Appeal |
Any order, made by a justice pursuant to the preceding section, directing the payment of money by a garnishee, may be enforced by execution against the garnishe… |
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50-9-19 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Costs and Expenses of Garnishee |
If the garnishee fairly disclose whatever he is liable for, and comply with and perform the orders of the justice, he shall be allowed his reasonable costs and … |
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50-9-20 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Lien of Attachment; Prior Lien Not Impaired |
The plaintiff shall have a lien upon any personal property and claims of the defendant, from the time of the levy of such attachment, but such lien may be defea… |
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50-9-21 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Sale of Perishable Property Attached; Compensation of Officer |
When any property delivered to the officer or taken into his custody as aforesaid is of a perishable nature or expensive to keep, the justice may order sale to … |
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50-9-22 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Laws Applicable |
The twenty-third, twenty-fourth, twenty-fifth and twenty-sixth sections of article fourteen of this chapter shall apply to orders of attachment as well as to ex… |
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50-9-23 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Priority of Attachment; Determination; Claim of Third Party |
The attachment first served on the same personal property, or on the person having such property in his possession, or on the person indebted to the defendant i… |
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50-9-24 |
Ch. 50 — JUSTICES AND CONSTABLES |
Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor |
Appeal Bond; Return of Property |
Where a judgment in favor of the plaintiff is rendered in any case in which an attachment is issued, and, on appeal therefrom, an appeal bond is given with cond… |
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