Code of Alabama

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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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40-1-23
Section 40-1-23 Liability of officers for conversion. Any probate judge, clerk of a court of
record, register, sheriff, coroner, tax collector, county treasurer, trustee of public schools,
notary public, constable, or other public officer who knowingly converts to his own use or
permits another to use any of the revenue of the state or of any county or municipality thereof
or any money paid into his office or received by him in his official capacity is liable to
indictment and, on conviction, must be punished as if he had stolen it. (Acts 1935, No. 194,
p. 256; Code 1940, T. 51, §902.)...
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6-6-250
Section 6-6-250 Duty of clerk to require taking of property by sheriff unless defendant gives
bond; disposition of property on failure to give bond. (a) When an action is commenced for
the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney
makes affidavit that the property sued for belongs to the plaintiff and executes a bond in
such sum and with such surety as may be approved by the clerk, with condition that if the
plaintiff fails in the action, he will pay the defendant all such costs and damages as he
may sustain by the wrongful complaint, it is the duty of the clerk to endorse on the summons
that the sheriff is required to take the property mentioned in the complaint into his possession
unless the defendant gives bond payable to the plaintiff, with sufficient surety, in double
the value of the property, with condition that if the defendant fails in the action he will,
within 30 days thereafter, deliver the property to the plaintiff and pay all costs...
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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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19-3-34
Section 19-3-34 Objections to claims - Conduct of hearing; order allowing or disallowing claim.
On the day appointed for the hearing, or any day to which the same may be continued, the register
or clerk must proceed to hear and note the testimony for and against the contested claim,
the verified claim or statement thereof being prima facie evidence of its correctness, and
must make an order allowing or disallowing the claim, in whole or in part, according to the
evidence. (Code 1896, §4166; Code 1907, §6068; Code 1923, §10405; Code 1940, T. 58, §22.)...

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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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37-1-154
Section 37-1-154 Bond required upon appeal by utility. If the utility desires to take an appeal
from the judgment of the trial court and to supersede the same, it shall give, in addition
to security for costs, a bond with two or more individual sureties or one surety company,
to be approved by the clerk or register of the court, which bond shall be in an amount and
with the conditions to be prescribed by the judge, and the same shall be payable as prescribed
by law. (Code 1907, §5710; Acts 1909, No. 26, p. 35; Code 1923, §9702; Code 1940, T. 48,
§98.)...
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6-6-186
Section 6-6-186 Examination of debtor as to his property, etc. (a) After answer filed on the
application of the plaintiff showing a necessity therefor, which application must be verified
by oath, the judge may order an examination of the debtor before the register or clerk or
before an examiner specially appointed, touching and concerning his property, real or personal,
moneys, effects, and choses in action; and it is the duty of the debtor to attend at the time
and place to which he may be summoned by the register, clerk, or examiner and submit to such
examination. (b) The provisions of this section apply to any complaint filed under this article.
(Code 1876, §3887; Code 1886, §3548; Code 1896, §822; Code 1907, §3743; Code 1923, §7346;
Code 1940, T. 7, §901.)...
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15-2-26
Section 15-2-26 Trial on certified copy of indictment; correction of transcript mistakes and
certification of omitted portion of record. The defendant must be tried in the court to which
the case is removed on the copy of the indictment certified pursuant to Section 15-2-25; and
such court may, if necessary and on a proper showing, order the clerk of the court in which
the indictment was found to correct any mistake in the transcript or to certify any portion
of the record which he may have omitted. (Code 1852, §659; Code 1867, §4211; Code 1876,
§4916; Code 1886, §4490; Code 1896, §5314; Code 1907, §7857; Code 1923, §5586; Code 1940,
T. 15, §274.)...
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19-3-25
Section 19-3-25 Appointment and duties of appraisers. On the filing of such inventory, the
register or clerk must indorse upon each of such copies the fact and date of such filing and
must appoint three competent and disinterested persons, who must not be of kin or of counsel
to any person interested in the trust estate, appraisers of and in each county in which any
part of the trust property may be, and must attach to the commission one of the copies of
such inventory, filed by the trustee; and the appraisers must, in writing, appraise at its
true value, the property described in such inventory, and set down in figures opposite each
item, the appraised value thereof, add each column and carry forward the result so as to show
the total valuation placed upon such property, and verify the same by affidavit and make return
thereof to the register or clerk who must record the commission to the appraisers and such
combined inventory and appraisement, together with the affidavits appended...
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