37-1-133
Section 37-1-133 Appeal by commission or State. If the Public Service Commission or the State
of Alabama shall appeal from a judgment annulling or suspending any rates or orders, it shall
not be required to give any security for the costs of said appeal or any bond or undertaking
to supersede the judgment. The appeal of the Public Service Commission or the State of Alabama
without such bond shall have the effect of superseding the judgment and the rate or rates,
or order or orders, complained of or annulled or suspended by the judgment, shall be and remain
the established rates or orders and shall be so regarded and observed until the judgment shall
be affirmed and the said rates or orders annulled or suspended by the supreme court unless
a supersedeas bond is continued in effect. (Code 1907, §5688; Code 1923, §9680; Code 1940,
T. 48, §91.)...
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40-10-26
Section 40-10-26 Payment of judgment on appeal. Any money collected on such judgment, except
for costs of court, must be paid to the tax collector, who shall account for and pay the same
over to the officers and persons entitled to receive the same. (Acts 1935, No. 194, p. 256;
Code 1940, T. 51, §273.)...
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6-10-32
Section 6-10-32 Contest of exemption claim - Judgment. If the plaintiff fails to appear in
support of his contest or if on the trial all the property in contest is found exempt, judgment
must be entered against the plaintiff for the costs of the levy and contest and releasing
the property from the levy, but if the defendant fails to appear in support of his or her
claim of exemption or if on the trial any of the property is found liable to the process,
judgment must be entered against the defendant for costs and condemning the property to sale.
(Code 1876, §2838; Code 1886, §2528; Code 1896, §2054; Code 1907, §4181; Code 1923, §7903;
Code 1940, T. 7, §646.)...
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6-6-256
Section 6-6-256 Assessment of value and damages and judgment - Trial of action. Upon the trial
the jury must, if it finds for the plaintiff, assess the value of each article separately,
if practicable, and also assess damages for its detention. If it finds for the defendant,
it must, in like manner, assess the value and, if in the possession of the plaintiff, assess
damages for its detention. Judgment against either party must be for the property sued for,
or its alternate value, with damages for its detention to the time of trial. (Code 1852, §2194;
Code 1867, §2595; Code 1876, §2944; Code 1886, §2719; Code 1896, §1476; Code 1907, §3781;
Code 1923, §7392; Code 1940, T. 7, §921.)...
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6-6-352
Section 6-6-352 Writs of restitution or possession - Issuance by circuit court. In the event
that the plaintiff is placed in possession under a writ of restitution or possession, and
on appeal the judgment is reversed and one entered for the defendant or the proceeding on
appeal is quashed or dismissed, the circuit court may award a writ of restitution or possession
to restore him to possession as against the plaintiff, but not as against a third party; but
the issuance of the writ rests in the discretion of the appellate court, and the circuit court
may, in all cases, direct writs of restitution or possession to be issued by the trial court
when, in the judgment of the circuit court, such writ is proper or necessary (Code 1923, §8030;
Code 1940, T. 7, §993.)...
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6-9-61
Section 6-9-61 Destruction of lien upon execution of bond for appeal, etc. The execution of
a bond for an appeal by which the judgment is suspended or the execution of a bond by the
defendant upon the proper officer granting an injunction, stay of execution, or restraining
order destroys the lien created by the recording of the certificate of the judgment or the
levy of the execution upon personal property. The clerk of the court in which such bond, injunction,
stay, or restraining order is granted shall, at the request of the party filing such bond
or obtaining such order, note such fact on the margin of the record where the certificate
of judgment is recorded in the event such certificate has been filed in the probate office.
(Code 1852, §2458; Code 1867, §2874; Code 1876, §3212; Code 1886, §2896; Code 1896, §1894;
Code 1907, §4094; Code 1923, §7809; Code 1940, T. 7, §522.)...
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12-22-192
Section 12-22-192 Petition for appeal under division; contents thereof. In such criminal cases
where the defendant has been adjudicated guilty by the trial court he may, if no motion for
a new trial is filed within 10 days after the last day on which a motion for a new trial could
have been filed or within 10 days after the ruling of the trial court upon a motion for a
new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial
judge of the court wherein such defendant was adjudicated guilty and sentenced a petition
in writing, sworn to and subscribed by said defendant, stating that the defendant desires
to take an appeal under the provisions of this division. Such petition must identify the style
of the case, the offense for which the defendant was convicted, the plea made by the defendant,
the date of the adjudication of guilt, the sentence and the punishment therefor and the name
of the court imposing such punishment, together with the name of the...
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15-10-40
Section 15-10-40 Issuance by clerk, district attorney or judge. A writ of arrest must be issued
by the clerk forthwith after the finding of the indictment against each defendant who is not
in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited
or when an order is made by the judge presiding when the indictment is returned by the grand
jury commanding that writ of arrest issue; or it may be issued without order of court by the
district attorney of the circuit or by any circuit judge. But if the defendant is in actual
custody, he shall be held by virtue of the indictment and no writ of arrest need be issued,
unless it is so ordered by the judge presiding when the indictment is found. (Code 1852, §601;
Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284;
Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)...
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15-11-4
Section 15-11-4 Default of defendant admitted to bail certified to circuit court; district
court's certificate as presumptive evidence of default. If the defendant does not appear before
the district court at the time to which an examination is adjourned, the default on the undertaking
of bail shall be certified by the district court to the circuit court, and the like proceedings
must be had thereon as upon the breach of an undertaking in that court, the certificate being
presumptive evidence of the default of the defendant. (Code 1852, §455; Code 1867, §4004;
Code 1876, §4674; Code 1886, §4281; Code 1896, §5230; Code 1907, §7595; Code 1923, §5228;
Code 1940, T. 15, §130.)...
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33-5-33
Section 33-5-33 Fees in certain prosecutions. In all misdemeanor cases for violations of the
provisions of this article and regulations promulgated thereunder, and in all misdemeanor
cases for violation of future laws, the enforcement of which is assigned to the Marine Police
Division of the State Department of Conservation and Natural Resources, cognizable in district
courts or circuit courts, where the defendant pleads guilty and no appeal is taken, no fee
shall be taxed or collected in said court for trial tax, district attorney's fee or entering
judgment in such cases. (Acts 1967, No. 288, p. 817.)...
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