12-19-49
Section 12-19-49 Assessment of prepaid fees as costs against defendant; execution for prepaid
fees assessed as costs against defendant; issuance of execution against plaintiff for unpaid
fees where execution against defendant returned indicating "no property found."
(a) Prepaid fees shall be assessed as additional costs of the proceedings when costs are assessed
against the defendant. (b) A plaintiff may have execution against a defendant for prepaid
fees assessed as costs against a defendant by a final judgment. (c) Execution may be had against
a plaintiff when execution against a defendant for unpaid fees results in a sheriff's return
indicating "no property found." (Acts 1975, No. 1205, p. 2384, §16-116.)...
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12-22-170
Section 12-22-170 Stay of sentence when question of law reserved and admission to bail - Felonies.
When any question of law is reserved in case of a felony and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered against the defendant, but execution thereof must be stayed pending the appeal
and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the
judge must direct the clerk of the court in which the conviction is had to admit the defendant
to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance
at the court, from time to time thereafter, as fixed by the court to abide such judgement
as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this
section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876,...
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12-22-171
Section 12-22-171 Stay of sentence when question of law reserved and admission to bail - Misdemeanors.
When such question is reserved, in case of a misdemeanor, and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered on the conviction, but the execution thereof must be stayed pending the appeal.
In such case, the defendant may give bail, with sufficient sureties, conditioned that he will
appear and abide the judgment; failing to give such bail, he must be committed to jail, but
may give such bail at any time pending the appeal. (Code 1852, §754; Code 1867, §4305; Code
1876, §4981; Code 1886, §4512; Code 1896, §4319; Code 1907, §6250; Code 1923, §3243;
Code 1940, T. 15, §374.)...
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12-22-20
Section 12-22-20 Final judgments, orders, or decrees generally. An appeal lies to the circuit
court or Supreme Court from any final decree of the probate court, or from any final judgment,
order or decree of the probate judge; and, in all cases where it may of right be done, the
appellate court shall render such decree, order or judgment as the probate court ought to
have rendered. (Code 1867, §2247; Code 1876, §3957; Code 1886, §3640; Code 1896, §457;
Code 1907, §2855; Code 1923, §6114; Code 1940, T. 7, §775.)...
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37-1-132
Section 37-1-132 Right of appeal to supreme court. Any party may appeal to the Supreme Court
of Alabama from the judgment of the Circuit Court of Montgomery County. In connection with
any such appeal by a utility, if no supersedeas bond has been previously given to supersede
the action or order of the commission, the utility appealing the judgment of the circuit court
may supersede such judgment by filing a bond upon application, in such amount, and upon such
condition, all as is provided in this subdivision. Except as otherwise provided in this subdivision,
the appeal to the supreme court shall be taken in accordance with the Alabama Rules of Appellate
Procedure. (Code 1907, §5687; Code 1923, §9679; Code 1940, T. 48, §90.)...
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43-2-154
Section 43-2-154 Purchase of property sold under execution. The executor or administrator of
any decedent may purchase for the estate property sold under any judgment of the circuit court
or under any execution in his favor as such executor or administrator. (Code 1886, §2281;
Code 1896, §350; Code 1907, §2817; Code 1923, §6056; Code 1940, T. 61, §133.)...
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8-5-26
Section 8-5-26 Action to charge endorser or assignor on contracts assigned by writing and not
covered by Uniform Commercial Code - Time for bringing action against maker; issuance of execution
when judgment obtained; proof of inability of maker to pay judgment. (a) On all contracts
assigned by writing which are not governed by the Uniform Commercial Code, an action to charge
the endorser or assignor must be brought against the maker within 30 days after an action
can properly be brought. (b) If judgment is obtained, execution must be issued as authorized
by law, and the inability of the maker to pay such judgment proved by the return of "no
property." (Code 1852, §§1543, 1544; Code 1867, §§1851, 1852; Code 1876, §§2112,
2113; Code 1886, §1778; Code 1896, §892; Code 1907, §5153; Code 1923, §9226; Code 1940,
T. 39, §195; Acts 1965, No. 549, p. 811.)...
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11-51-14
Section 11-51-14 Entry of judgment by circuit court; sale of property for payment of taxes,
etc., generally. If no pleadings setting up a defense shall be filed by the owner of the property
within 30 days after publication has been perfected or within 30 days after service of the
notice by the sheriff, then without further proof a final judgment shall be entered by the
circuit judge adjudging such property liable for such taxes and directing the register or
clerk to sell such property for the payment of the taxes, charges, penalties, interest, and
costs that are charged thereon unless the amount due and the costs shall have been paid to
the register or clerk before the sale. Such sale shall be made as in other civil actions and
need not be confirmed by the court. The judge may consolidate actions against property assessed
to the same owner and may designate the property which shall be sold to pay to the taxes,
charges, interest, penalties and costs charged to all. If any defense is...
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12-22-26
Section 12-22-26 Appeals by next friends or guardians of minors or persons of unsound mind.
The next friend or general guardian of a minor or of a person of unsound mind may, in the
name of such minor or person of unsound mind, take and prosecute an appeal from any final
decree of the probate court or from any judgment, order or decree of the probate judge, on
giving security for the costs of the appeal; but a guardian ad litem may take and prosecute
an appeal without giving any security for costs of the appeal and shall not be liable personally
for costs of the appeal. (Code 1867, §2258; Code 1876, §3968; Code 1886, §3651; Code 1896,
§468; Code 1907, §2866; Code 1923, §6125; Code 1940, T. 7, §786.)...
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18-1A-289
Section 18-1A-289 Effect of order of condemnation; right of entry, etc., pending appeal upon
deposit of damages, compensation, and costs; effect of appeal upon condemnation order. The
order of condemnation, upon the payment of the sum ascertained and assessed by the verdict
of the circuit court, or the bond thereof in the circuit court for the defendant, shall vest
in the applicant the property or property right proposed to be acquired for the uses and purposes
stated in the application and for no other uses or purposes. But if an appeal shall be taken
by any party, then the person, corporation or association seeking to acquire such property
or property right, upon the deposit in the circuit court for the party whose land or interest
therein is sought to be condemned of the amount of damages and compensation so assessed, together
with the costs of the proceeding, shall be entitled to enter upon the lands so condemned and
to survey, construct, and operate on the same for the uses and...
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