15-13-25
Section 15-13-25 Return of undertakings to clerk of court. All undertakings of bail must be returned by the court or officer by whom taken to the clerk of the court before which the defendant is bound to appear within the same time and in the same manner as is provided by Section 15-10-47 for the return of writs of arrest. (Code 1852, §701; Code 1867, §4252; Code 1876, §4861; Code 1886, §4425; Code 1896, §4367; Code 1907, §6347; Code 1923, §3380; Code 1940, T. 15, §205; Acts 1949, No. 199, p. 230.)...
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15-21-21
Section 15-21-21 When party to be discharged or remanded. Upon a hearing on a writ of habeas corpus, if no legal cause for the imprisonment or restraint of a party is shown, he must be discharged; but, if it appears that he is held or detained in custody by virtue of process issued by a court or judge of the United States in a case of which such court or judge has exclusive jurisdiction or by virtue of any legal engagement or enlistment in the army or navy of the United States or, being subject to the rules and articles of war is confined by anyone legally acting by authority thereof, or is in custody for any public offense committed in any other state or territory for which, by the Constitution and laws of the United States, he should be delivered up to the authority of such state or territory or that he is otherwise legally detained, he must be remanded. (Code 1852, §730; Code 1867, §4281; Code 1876, §4957; Code 1886, §4781; Code 1896, §4834; Code 1907, §7029; Code 1923,...
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35-11-225
Section 35-11-225 Judgment by default. Judgment by default may be entered against any defendant, except infants and persons non compos mentis, who, after service has been perfected on him, fails to appear within the time required by law in other cases. (Code 1876, §3450; Code 1886, §3035; Code 1896, §2740; Code 1907, §4771; Code 1923, §8849; Code 1940, T. 33, §53.)...
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6-6-285
Section 6-6-285 Proceedings upon defendant's suggestion of disputed boundary line. The defendant, within pleading time or within 30 days before the case is called for trial and after notice to the plaintiff or his attorney of record of his purpose so to do, may file his suggestion in writing that the action arises over a disputed boundary line, in which suggestion he shall describe the location of the true line, and the court or jury trying the issue shall ascertain the true location of the boundary line, and judgment shall be entered accordingly, and shall order the sheriff to establish and mark the true line as ascertained; and, in such case, the costs shall be apportioned justly and equitably. A single judgment on such issue of the location of the true boundary line shall bar another action for the location of the same boundary line. (Code 1852, §2213; Code 1867, §2614; Code 1876, §2963; Code 1886, §2699; Code 1896, §1533; Code 1907, §3843; Code 1923, §7457; Code 1940, T. 7,...
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15-13-62
Section 15-13-62 Exoneration of bail by surrender of defendant prior to conditional judgment; bail may arrest or authorize arrest of principal. Bail may, at any time before a conditional judgment is entered against them, exonerate themselves by surrendering the defendant; and for that purpose, they may arrest the defendant on a certified copy of the undertaking at any place in the state, or may authorize another person to arrest him by an endorsement in writing on such copy. (Code 1852, §609; Code 1867, §4250; Code 1876, §4859; Code 1886, §4429; Code 1896, §4371; Code 1907, §6351; Code 1923, §3384; Code 1940, T. 15, §209; Acts 1949, No. 199, p. 230.)...
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15-18-100
Section 15-18-100 Postponing execution of sentence pending commutation or pardon. When any defendant is convicted and sentenced to death or to imprisonment in the penitentiary, the presiding judge, if he is of the opinion that such defendant should be pardoned, may postpone the execution of the sentence for such time as may appear necessary to obtain the action of the Governor on an application for commutation of the death sentence and action of the Board of Pardons and Paroles on an application for pardon. (Code 1852, §775; Code 1867, §4326; Code 1876, §5003; Code 1886, §4525; Code 1896, §5452; Code 1907, §7653; Code 1923, §5321; Code 1940, T. 15, §357.)...
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6-5-153
Section 6-5-153 Effect of establishment of nuisance in criminal proceedings. In case the existence of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction, the district attorney shall proceed promptly under this division to enforce the provisions and penalties thereof, and the finding of the defendant guilty in such criminal proceedings, unless reversed or set aside, shall be conclusive as against the defendant as to the existence of the nuisance. The proceeds of the sale of the personal property as provided in Section 6-5-152 shall be applied in payment of the costs of the action and abatement, including the plaintiff's costs, or so much of such proceeds as may be necessary, except as provided in this division. (Acts 1919, No. 53, p. 52; Code 1923, §9296; Code 1940, T. 7, §1107.)...
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6-5-440
Section 6-5-440 Simultaneous actions for same cause against same party prohibited. No plaintiff is entitled to prosecute two actions in the courts of this state at the same time for the same cause and against the same party. In such a case, the defendant may require the plaintiff to elect which he will prosecute, if commenced simultaneously, and the pendency of the former is a good defense to the latter if commenced at different times. (Code 1907, §2451; Code 1923, §5657; Code 1940, T. 7, §146.)...
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11-51-153
Section 11-51-153 Dissolution of injunction; reinstatement of injunction. After judgment is entered against the respondent as provided by the terms of this division, an existing injunction shall not be dissolved until the judgment and court costs taxed against the respondent are satisfied and paid in full, unless the petitioner and respondent have agreed in writing on a lesser amount necessary to satisfy the judgment and court costs, or until the respondent shall have appealed and shall have executed a supersedeas bond to stay the execution of the judgment, in the manner provided by the Alabama Rules of Appellate Procedure. All laws governing appeals from money judgments are made applicable to this division except as they may be contrary to any provision in this section. If the appeal is taken and the case reversed, the injunction existing at the time of the appeal shall automatically be reinstated without the intervention of the circuit court unless the appellate court otherwise...
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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost bill by municipal or district court clerk and making of final assessment of costs in circuit court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared to be the policy of the state that docket fees and other court costs in criminal cases shall generally be assessed only upon conviction. It is further declared to be the policy of the state that a creditor shall not use the criminal process in order to collect civil debts. The state does recognize that situations will arise from time to time wherein justice may best be served by allowing a judge to enter an order dismissing a case upon the payment of costs by the defendant or by the complainant where the judge has determined that the criminal process has been abused. (b) Docket fees and other court costs in criminal cases shall be assessed upon conviction; provided that, in the interest of justice,...
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