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55-7-7 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions for Injuries |
How Claim to Damages Under Section Five May be Compromised |
The personal representative of the deceased may compromise any claim to damages arising under section five of this article before or after action brought, with … |
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55-7-8 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions for Injuries |
When Action Not to Abate |
Where an action is brought by a person injured for damage caused by the wrongful act, neglect, or default of any person or corporation, and pending the action t… |
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55-7-9 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions for Injuries |
Violations of Statutes |
Any person injured by the violation of any statute may recover from the offender such damages as he may sustain by reason of the violation, although a penalty o… |
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55-7-10 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions for Injuries |
Trespass Abolished and Trespass on the Case Enlarged |
The action of trespass is abolished. In all cases in which an action of trespass could have been maintained an action of trespass on the case shall lie. |
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55-7-11 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions for Injuries |
Suits Against Unincorporated Carriers |
Where common carriers are not incorporated, any one or more of them may be sued by his or their name or names only, to recover damages for loss of, or injury to… |
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55-7-12 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions for Injuries |
Liability of Joint Tort Feasors Not Affected by Release to or Accord and Satisfaction With Another |
A release to, or an accord and satisfaction with, one or more joint trespassers, or tort feasors, shall not inure to the benefit of another such trespasser, or … |
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55-7-13 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions for Injuries |
Contribution by Joint Tort Feasors |
Where a judgment is rendered in an action ex delicto against several persons jointly, and satisfaction of such judgment is made by any one or more of such perso… |
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55-8-1 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions on Contracts |
Jurisdiction in Proceedings on Penal Bonds |
Where the proceeding before a court is on a penal bond, with condition for the payment of money, or for the performance or for bearance of any other act or thin… |
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55-8-2 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions on Contracts |
Debt or Assumpsit on Note or Writing; Debt for Any Installment |
An action of debt or assumpsit may be maintained on any note or writing, whether sealed or not, by which there is a promise, undertaking, or obligation to pay m… |
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55-8-3 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions on Contracts |
Action of Assumpsit for Breach of Contract |
An action of assumpsit shall lie in all cases to recover damages for the breach of any contract, express or implied, and, if in writing, whether under seal or n… |
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55-8-4 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions on Contracts |
General Issue in Debt or Assumpsit on a Sealed Instrument |
The general issue in an action of debt on a sealed instrument shall be nil debit, and in an action of assumpsit on such instrument it shall be non assumpsit. It… |
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55-8-5 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions on Contracts |
Writing Payable to Person Dead at Time of Execution Valid |
A bond, note or other writing to a person or persons who, or some of whom, are dead at the time of its execution, shall be as valid as if such person or persons… |
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55-8-6 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions on Contracts |
Liability of Estate of Deceased Joint Obligor, Promisor, or Partner |
The representative of one bound with another, either jointly or as a partner, by judgment, bond, note or otherwise, for the payment of a debt, or the performanc… |
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55-8-7 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions on Contracts |
Suits Against Makers, Drawers, Indorsers, Acceptors, Assignors or Absolute Guarantors |
The holder of any note, check, draft, bill of exchange, or other instrument of any character, whether negotiable or not, or any person entitled to judgment for … |
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55-8-8 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions on Contracts |
Joinder in Same Action of Survivors and Personal Representatives of Decedents |
In every action or motion in which a decedent, if living, could be joined as defendant with an other or others under section seven of this article, his personal… |
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55-8-9 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions on Contracts |
Action by Assignee in Own Name; Defenses and Sets-Off; Joinder of Claims |
The assignee of any bond, note, account, or writing, not negotiable, or other chose in action arising out of contract or injury to personal or real property, ma… |
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55-8-10 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions on Contracts |
Assignee Entitled to Recover From Assignor; Defenses Allowed |
Any assignee mentioned in section nine of this article may recover from any assignor of such writing, whether joined as defendants under section seven of this a… |
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55-8-11 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions on Contracts |
Limitation of Remedies in Equity |
A court of equity shall not have jurisdiction of a suit upon a bond, note, or writing, by an assignee or holder thereof, unless it appear that the plaintiff had… |
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55-8-12 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions on Contracts |
Third Party May Sue on Covenant or Promise Made for His Sole Benefit |
If a covenant or promise be made for the sole benefit of a person with whom it is not made, or with whom it is made jointly with others, such person may maintai… |
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55-8-13 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Actions on Contracts |
Action of Account |
An action of account may be maintained against the personal representative of any guardian or receiver; and also by one joint tenant, tenant in common, or copar… |
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55-9-1 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Gaming Contracts |
What Are Gaming Contracts |
Every contract, conveyance, or assurance, of which the consideration, or any part thereof, is money, property, or other thing won or bet at any game, sport, pas… |
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55-9-2 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Gaming Contracts |
Recovery of Money or Property Lost |
If any person shall lose to another within twenty-four hours ten dollars or more, or property of that value, and shall pay or deliver the same, or any part ther… |
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55-9-3 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Gaming Contracts |
Recovery by Bill in Equity; Discharge of Winner From Forfeiture or Punishment |
Such loser may file a bill in equity against such winner, who shall answer the same, and y upon discovery and repayment or redelivery of the money or property s… |
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55-10-1 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Arbitration |
Submission; Rule to Submit to Award; Defenses; Set-Off |
Persons desiring to end any controversy, whether there be a suit pending therefor or not, may submit the same to arbitration, and agree that such submission may… |
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55-10-2 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Arbitration |
Revocation of Submission; Extension of Time for Award |
No such submission, entered or agreed to be entered of record, in any court, shall be revocable by any party to such submission, without the leave of such court… |
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55-10-3 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Arbitration |
Entry of Award as Judgment or Decree; Compensation of Arbitrators |
Upon the return of any such award, made under such an agreement (whether any previous record of the submission or rule thereupon has been made or not), it shall… |
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55-10-4 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Arbitration |
Setting Aside Award; Equity Jurisdiction Not Affected |
No such award shall be set aside, except for errors apparent on its face, unless it appears to have been procured by corruption or other undue means, or by mist… |
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55-10-5 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
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 court, in its discretion, may direct a re… |
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55-10-6 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
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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55-10-7 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Arbitration |
Arbitration by Fiduciaries |
Any personal representative of a decedent, guardian of an infant, committee of an insane person or a convict, or trustee, may file his petition in the circuit c… |
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55-10-8 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Arbitration |
Umpires |
Wherever the word “arbitrators” is used in this chapter, it shall be construed as applying to and including any “umpire” who has participated in the arbitration… |
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55-11-1 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Lis Pendens |
Lis Pendens Record |
There shall be kept in the office of the clerk of the county court of each county of this State a book to be called the “lis pendens record,” which shall be a p… |
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55-11-2 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Lis Pendens |
Lis Pendens Notice; Effect |
Whenever any person shall commence a suit, action, attachment, or other proceeding, whether at law or in equity, to enforce any lien upon, right to, or interest… |
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55-12-1 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Judicial Sales |
Order for Sale of Property; Terms; Sale by Special Commissioner or Receiver; Bond; Deposit of Proceeds; Penalties |
A court, in a suit properly pending therein, may make a decree or order for the sale of property in any part of the State, and may direct the sale to be for cas… |
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55-12-2 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Judicial Sales |
Notice of Sale; Contents; Publication |
Whenever a court shall decree the sale of real estate, if it appear to the court that such real estate is of the value of five hundred dollars or more, it shall… |
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55-12-3 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Judicial Sales |
Certificate as to Bond to be Appended to Notice of Sale; Effect |
Every notice of such sale shall have appended to it the certificate of such clerk that bond and security has been given by the commissioner or special receiver … |
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55-12-4 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Judicial Sales |
Report of Sale; Penalty for Failure to Make |
The said special commissioner or special receiver shall, after the last payment required by said decree of sale or decree confirming said sale is made, make rep… |
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55-12-5 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Judicial Sales |
Sale by Sheriff When no Special Commissioner or Special Receiver Appointed |
Where no special commissioner or special receiver is appointed for the purpose, a decree or order of court for the sale of property shall be executed by the she… |
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55-12-6 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Judicial Sales |
Compensation for Making Sale |
For the services of commissioners or officers under any decree or order for a sale, including the collection and paying over of the proceeds, there shall not be… |
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55-12-7 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Judicial Sales |
Execution of Deed by Commissioner |
A court of law or equity, in a suit in which it is proper to decree or order the execution of any deed or writing, may appoint a commissioner to execute the sam… |
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55-12-8 |
Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES |
Judicial Sales |
Reversal of Decree of Sale; Effect on Title; Restitution of Proceeds |
If a sale of property be made under a decree or order of a court, and such sale be confirmed, though such decree or order be afterwards reversed or set aside, t… |
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56-1-1 |
Ch. 56 — PLEADING AND PRACTICE |
Venue |
Venue in General |
Any action or other proceeding at law or suit in equity, except where it is otherwise specially provided, may hereafter be brought in the circuit court of any c… |
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56-1-2 |
Ch. 56 — PLEADING AND PRACTICE |
Venue |
In the County Where Cause of Action Arose |
An action, suit or proceeding may be brought in any county wherein the cause of action, or any part thereof, arose, although none of the defendants reside there… |
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56-2-1 |
Ch. 56 — PLEADING AND PRACTICE |
Notices and Motions |
Service of Notices; Personal Service; Substituted Service; Return |
A notice, no particular mode of serving which is prescribed, may be served by delivering a copy thereof in writing to the party in person; or if he (or she) be … |
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56-2-2 |
Ch. 56 — PLEADING AND PRACTICE |
Notices and Motions |
Service by Publication |
Any such notice to a person not residing in this State may be served by the publication thereof once a week for three successive weeks in a newspaper published … |
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56-2-3 |
Ch. 56 — PLEADING AND PRACTICE |
Notices and Motions |
Notice to Take Depositions |
Notice to any party to take a deposition may be served on the counsel of such party, or on any one of such counsel, if there be more than one, and such service … |
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56-2-4 |
Ch. 56 — PLEADING AND PRACTICE |
Notices and Motions |
Motion on Certain Bonds |
In the case of any bond taken by an officer, or given by a sheriff or constable, and returned to or filed in the office of the clerk of the county court of the … |
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56-2-5 |
Ch. 56 — PLEADING AND PRACTICE |
Notices and Motions |
Notice of Motion for Judgment |
In any case wherein there may be judgment or decree for money on motion, such motion shall be after ten days’ notice, unless some other time be specified in the… |
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56-2-6 |
Ch. 56 — PLEADING AND PRACTICE |
Notices and Motions |
Motion for Judgment on Contracts; Affidavit of Claim; Plea and Counter Affidavit; Judgment; Discontinuance; Defense |
Any person entitled to recover money by action on any contract may, on motion before any court which would have jurisdiction in an action, obtain judgment for s… |
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56-2-7 |
Ch. 56 — PLEADING AND PRACTICE |
Notices and Motions |
Trial by Jury |
On a motion, when an issue of fact is joined, and either party desires it, or when in the opinion of the court it is proper, a jury shall be impaneled for the t… |
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