6-6-163
Section 6-6-163 Forfeiture of claimant's bond; execution for amount of judgment, damages, and
costs. If judgment is entered against the claimant and he fails to deliver the property to
the officer making the levy and pay the costs of the trial of the right of property within
30 days, such officer must endorse the bond forfeited; and thereupon, if the property was
levied on under execution or, if levied on under attachment, after judgment in favor of the
plaintiff against the defendant in attachment, the clerk must issue execution against the
obligors on the bond for the amount of the plaintiff's judgment, for the damages, if any were
assessed, and the costs of the amount of such assessed value, if that is not greater than
the amount of the judgment and for the damages, if any were assessed, and the costs of the
trial of the right of property. And in the event the claimant delivers the property, but fails
to pay damages and costs within 30 days, execution must issue for such damages and...
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6-9-21
Section 6-9-21 When execution to issue - Generally. Within 90 days from the entry of a judgment,
the clerk or register must issue execution thereon in favor of the successful party unless
otherwise directed by the court or the judge presiding at the trial of the case or by the
written direction of owner of the judgment or his attorney of record. The writ must be signed
by the clerk or register, and tested on the day it is issued. (Code 1852, §2423; Code 1867,
§2838; Code 1876, §3180; Code 1886, §2883; Code 1896, §1881; Code 1907, §4079; Acts 1915,
No. 206, p. 270; Code 1923, §7795; Acts 1936, Ex. Sess., No. 157, p. 181; Code 1940, T. 7,
§508.)...
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12-14-70
Section 12-14-70 Appeals to circuit courts from judgments of municipal courts and proceedings
thereon. (a) All appeals from judgments of municipal courts shall be to the circuit court
of the circuit in which the violation occurred for trial de novo. (b) The municipality may
appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance
invalid. (c) A defendant may appeal in any case within 14 days from the entry of judgment
by filing notice of appeal and giving bond, with or without surety, approved by the court
or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by
the court, or in the event no fine is levied the bond shall be in an amount not to exceed
$1,000.00, as fixed by the court, conditioned upon the defendant's appearance before the circuit
court. The municipal court may waive appearance bond upon satisfactory showing that the defendant
is indigent or otherwise unable to provide a surety bond. If an appeal...
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6-6-101
Section 6-6-101 Forfeiture of bond; execution on bond. When the property replevied is not delivered
in 30 days after judgment against the defendant in attachment, the sheriff shall return the
bond forfeited, and execution must be issued thereon against the principal and sureties for
the amount of the value of the property replevied, as fixed by the sheriff or other officer
making the levy, with interest thereon from the date of the bond and for the cost of the replevy
and of the execution, unless such value is greater than the amount of the judgment against
the defendant, in which case the execution shall be for the amount of such judgment and costs.
(Code 1852, §2538; Code 1867, §2966; Code 1876, §3291; Code 1886, §2965; Code 1896, §556;
Code 1907, §2956; Code 1923, §6204; Code 1940, T. 7, §877.)...
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6-6-262
Section 6-6-262 Execution, garnishment, or other process on bond. If the unsuccessful party,
who has given bond and taken the property into possession fails, for 30 days after the judgment,
to deliver the property and to pay the damages assessed for the detention thereof and the
costs, the sheriff must, upon the bond, make return of the fact of such failure; and, thereupon,
the bond has the force and effect of a judgment on which execution, garnishment, or other
process may issue against any, or all, the obligors therein for the alternative value of the
property as assessed by the jury and the damages assessed for its detention and the costs.
If the property is delivered and the damages assessed for its detention and the costs are
not paid, the sheriff must, upon the bond, make return of the fact, and execution, garnishment,
or other process must issue against any or all of the obligors for such damages and costs,
or for either, as either may be unpaid. (Code 1852, §2195; Code 1867,...
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11-48-43
Section 11-48-43 Appeals from judgment of circuit court - By property owner - Authorized; bonds.
An appeal may be taken to the Supreme Court of Alabama by any person interested in said property
from the judgment entered by the circuit court within 42 days from the date of entry of such
judgment, upon giving bond for costs of appeal or, if a stay of execution of the judgment
is desired, upon giving further bond in such sum as the judge of the circuit court may prescribe,
payable to the city or town with sufficient sureties, to be approved by the clerk of said
court, conditioned to pay such judgment or perform such judgment as the supreme court may
render in the action, and all such costs and damages as the city or town may have sustained
if the judgment is affirmed. (Code 1907, §1396; Code 1923, §2211; Acts 1927, No. 639, p.
753; Code 1940, T. 37, §552.)...
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11-88-74
Section 11-88-74 Appeal from judgment of circuit court to Supreme Court - By property owner
- Authorization and procedure generally. An appeal may be taken to the Supreme Court of Alabama
by any person interested in the said property from the judgment entered by the said court
within 42 days upon giving bond for costs of appeal or, if a stay of execution is desired,
upon giving further bond in such sum as the judge of the said court may prescribe, payable
to the authority, with sufficient sureties, to be approved by the judge of the said court,
conditioned to pay such judgment or perform such judgment as the Supreme Court may render
in the premises and all such costs and damages as the authority may have sustained if the
judgment is affirmed. (Acts 1973, No. 826, p. 1293, §35.)...
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9-12-8
Section 9-12-8 Proceedings as to violations of chapter - Procedure for sale of condemned boats,
etc.; disposition of proceeds. If the judgment is not stayed by the execution of bond as aforesaid,
the sheriff must, after the expiration of 10 days, advertise and sell the boat or vessel,
her tackle, etc., in the same manner as the sales under execution and, after deducting all
necessary expenses of the seizure and costs of sale, of which he shall render an account on
oath, pay the residue to the county treasurer of the county in which the seizure is made,
who may allow him 10 percent thereon for his trouble. The money thus received by the treasurer
must be held for the same purpose as that arising from fines and forfeitures. (Code 1852,
§1127; Code 1867, §1307; Code 1876, §1615; Code 1886, §4726; Code 1896, §5581; Code 1907,
§7502; Code 1923, §5110; Code 1940, T. 8, §171.)...
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11-51-154
Section 11-51-154 Bond to dissolve temporary injunctive relief - Execution; security; exception.
(a) When the court has granted a temporary restraining order or preliminary injunction, it
shall not be dissolved until the respondent has executed a bond in an amount fixed by the
court with sufficient surety to be approved by the register or clerk, containing a waiver
of exemptions as to personal property, conditioned to pay such judgment and lawful court costs
as the court upon final hearing may enter against the respondent, except as provided below.
(b) The surety bond required to be made in this section shall remain in full force and effect
as security for any judgment and court costs the court may enter and tax against the respondent,
but if the respondent takes an appeal and gives a supersedeas bond, upon affirmance of the
appeal, the surety bond provided by this section shall become null and void. (c) The respondent
shall not, however, be required to post the surety bond required in...
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12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From the
judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or
the defendant in any case, may appeal to the court of criminal appeals in like manner as in
cases of appeals for convictions of violation of the criminal laws of the state. If the appeal
is taken by the municipality, it shall not be required to give surety for the cost of appeal.
When taken by the defendant, he may give bail with sufficient sureties, conditioned that he
will appear and abide by the judgment of the appellate court; and, failing to give bail, he
must be committed to the municipal jail, but he may give such bail at any time pending the
appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the
judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the
undertaking of bail to surrender himself to the municipal authorities within...
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