12-17-97
Section 12-17-97 Duty to pay over money to successor. Any clerk of the circuit court, having
in his hands, at the expiration of his term of office, any money held by him, subject to the
further order or judgment of any court, shall, on demand, pay the same to his successor in
office; and, upon such payment, he shall be discharged from further liability therefor. (Code
1876, §683; Code 1886, §773; Code 1896, §939; Code 1907, §3277; Code 1923, §6731; Code
1940, T. 13, §208.)...
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28-4-273
Section 28-4-273 Forfeiture and condemnation proceedings generally - Conduct of hearing or
trial generally; entry of judgment of forfeiture and delivery of liquors and beverages to
Alcoholic Beverage Control Board generally; destruction of nonfederal tax-paid liquors and
beverages; disposition of funds paid into court by Alcoholic Beverage Control Board. If no
party appears to make a claim at the time specified in the notice or if no verified answer
controverting the allegations of the complaint and the grounds for issuance of the search
warrant is interposed, the judge shall proceed to hear the testimony in support thereof. If
it is established upon the hearing before said judge or upon the trial of the action, if issue
be joined, that the liquors so seized are kept, stored or deposited for the purpose of unlawful
sale or other disposition or for furnishing or distribution within this state or if it appears
that the complainant has established a ground for the issuance of such search...
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12-22-246
Section 12-22-246 Proceedings when undertaking forfeited. When any undertaking of bail under
the provisions of Sections 12-22-244 or 12-22-245 is forfeited by the failure of the defendant
to surrender himself to the sheriff or to appear and answer the charge, according to the terms
and effect of such undertaking, the same proceeding must be had thereon as on the forfeiture
of other undertakings of bail in the circuit court. (Code 1852, §756; Code 1867, §4307;
Code 1876, §4983; Code 1886, §4514; Code 1896, §4323; Code 1906, §6254; Code 1923, §3247;
Code 1940, T. 15, §378.)...
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13A-12-200.7
Section 13A-12-200.7 Civil action to enjoin violations; hearing; procedures; precedence over
other matters. (1) When there is reason to believe that any person is violating or is about
to violate any of the provisions of this division, the Attorney General or district attorney
may initiate a civil action in the circuit court in the name of the State of Alabama against
such person for preliminary and permanent injunctive relief, to prevent or enjoin the violation.
The Alabama Rules of Civil Procedure shall apply to the extent that such rules are not inconsistent
with this section; provided, however, that no temporary restraining order shall be issued
pursuant to this section. No bond shall be required of the official bringing the action and
the official, the political subdivision and the officers, agents, and employees of the political
subdivision shall not be liable for costs or damages, other than court costs, by reason of
injunctive orders not being granted or where judgment is...
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15-13-136
Section 15-13-136 Failure to issue and serve conditional forfeiture in 90 days. In forfeiture
cases where the clerk of the court has failed to issue the conditional forfeiture notice as
stipulated in Section 15-13-132 and where there has been no service as set out in Section
15-13-134 made within 90 days of the order of the court as set out in Section 15-13-131, and
where the sureties have complied with Section 15-13-133, then the sureties shall be discharged
from all liability of the bail and the conditional judgment shall be set aside against such
sureties. (Acts 1993, No. 93-677, p. 1259, §37.)...
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15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following forms
of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they
are applicable, but they are not exclusive, and any other form sufficient at common law, under
the statutes or any analogous or kindred pleadings, where no form is provided in this Code,
may be used: (1) CAPTION. - The following caption may be used as a part of each of the following
forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM OF PLEA.
- Comes the defendant (in his own proper person, or by attorney) and for plea says: The state
ought not further to prosecute this indictment against him because _____ (stating matter constituting
the plea). And this the defendant is ready to verify and prays judgment that he be discharged
(or it may conclude, "and of this he puts himself upon the country," whenever appropriate).
___, defendant or attorney for defendant. (3)...
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15-2-21
Section 15-2-21 Change on motion of trial judge. On his own motion, a trial judge may, with
the consent of the defendant, direct and order a change of venue as is authorized in Section
15-2-20 whenever, in his judgment, there is danger of mob violence, and it is advisable to
have a military guard to protect the defendant from mob violence. (Code 1923, §5580; Code
1940, T. 15, §268.)...
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30-4-59
by the judge of the juvenile court, from time to time, as circumstances may require, directing
the defendant to pay a certain sum periodically to the clerk of the juvenile court for the
use of the defendant's wife or for the use of his wife and child or children, or for the use
of his child or children, and to release the said defendant from custody on probation, upon
his entering into recognizance or bond, with or without surety in the discretion of said judge,
in such sum as said judge may order and approve. The conditions of said bond shall be such
that if the said defendant shall make his personal appearance in the juvenile court
at stated times or whenever ordered to do so by the judge thereof within one year and shall
further comply with the terms of such order of support or of any subsequent modification thereof,
then such bond or recognizance shall be void, otherwise to remain in full force and effect.
(Acts 1919, No. 181, p. 176; Code 1923, §4488; Code 1940, T. 34, §98.)...
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6-6-370
Section 6-6-370 "Garnishment" defined. A "garnishment," as employed in
this article, is process to reach and subject money or effects of a defendant in attachment,
in a judgment or in a pending action commenced in the ordinary form in the possession or under
the control of a third person, or debts owing such defendant or liabilities to him on contracts
for the delivery of personal property, on contracts for the payment of money which
may be discharged by the delivery of personal property or on contracts payable in personal
property; and such third person is called the garnishee. (Code 1886, §2994; Code 1896, §2171;
Code 1907, §4300; Code 1923, §8051; Code 1940, T. 7, §995.)...
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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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