15-13-81
Section 15-13-81 Conditional judgment - Entry; notice to defendant; execution and return of
notice; alias notices. (a) When an undertaking of bail is forfeited by the failure of the
defendant to appear as required, except when money is deposited instead of bail, a conditional
judgment must be entered by the court in favor of the state against the parties to the undertaking
for the sum thereon expressed, which judgment may be substantially as follows: The State)
vs.) A.B.) Indictment for assault and battery (or other offense, as the case may be). It appearing
to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of
Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared
at the time and place mentioned and fixed in the bond or undertaking to answer in this case;
and the said A. B. having failed to appear at the time and place mentioned in the bond or
undertaking, it is therefore ordered that the State of Alabama recover...
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17-16-60
Section 17-16-60 Contest not abated by death of contestant. In all contests of elections, such
contests are not abated by the death of the party commencing them before final judgment, if
any qualified elector appears in court and substitutes as a contestant and gives good and
sufficient security for the costs which have accrued or may accrue on the contest. But if
no qualified elector appears and proposes to substitute as the party contesting, the contest
abates on the death of the contesting party, and judgment must be rendered against the sureties
for the costs of the contest, which must be collected by execution in the name of the party
whose election was contested. In all cases the person whose election is contested, if the
successful party in such contest, is entitled to judgment for the cost thereof against the
party contesting and the sureties, for which execution may issue returnable to the court of
probate or to the circuit court, as the case may be. (Code 1896, §1701; Code...
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28-4-276
Section 28-4-276 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Authorization and procedure generally. Any party may appeal within 14
days from the date of final judgment or denial of a post-trial motion, whichever is later,
any judgment entered under the provisions of this article in any district court, such appeal
to be taken in behalf of the state to the circuit court by the district attorney by filing
a notice of appeal with the judge of the district court. (Acts 1909, No. 191, p. 63; Acts
1915, No. 2, p. 8; Code 1923, §4762; Code 1940, T. 29, §231.)...
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5-11A-8
Section 5-11A-8 Sale of bonds or securities for satisfaction of judgment against trust company.
When any person, firm or corporation has established by final court proceedings a claim against
said company to secure which said bonds or other securities were deposited and said claim
is not paid within 30 days by said company, the State Treasurer shall proceed forthwith to
sell a sufficient number of said bonds to pay the judgment against said company and pay said
judgment by paying the amount to the proper official of the court wherein said judgment exists.
(Acts 1980, No. 80-658, §5-11-8.)...
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15-13-137
Section 15-13-137 Conditional judgment set aside, reduced, or made absolute. If the defendants
appear and show sufficient cause for the default to be determined by the court, the conditional
judgment shall be set aside. If the excuse is not sufficient, or if the defendant or sureties
fail to appear at the final forfeiture hearing, the judgment shall be made absolute for the
entire sum expressed in the undertaking, or any portion thereof according to the circumstances.
(Acts 1993, No. 93-677, p. 1259, §38.)...
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15-13-141
Section 15-13-141 Revocation of authority to execute bail by clerk. In all cases where a conditional
forfeiture has been made final by any court of the state or any of its subdivisions and there
has been no further action or request filed with the court, appeal taken, application to the
State Pardons and Paroles Board, or any other litigation of which the court has knowledge
has been filed by the surety with the court within 30 days of the entry or order of the final
judgment and the same has not been paid to the clerk of the court, then the clerk shall refuse
to accept and approve any bonds from the surety as being insufficient. The clerk shall notify
all persons authorized to accept and approve bonds returnable to the court of the action and
they shall no longer accept or approve surety on bonds until notified otherwise by the clerk.
The clerk shall also notify the circuit clerk of the county who shall notify all other clerks
of any courts in the county in writing and the clerks...
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45-11-80
Section 45-11-80 Additional costs and fees; Juvenile Court Services Fund; Judicial Administration
Fund. (a) In Chilton County, in addition to all other fees, there shall be taxed as costs
the sum of five dollars ($5) in each civil or quasi-civil action at law, suit in equity, criminal
case, quasi-criminal case, proceedings on a forfeited bail bond or proceedings on a forfeited
bond given in connection with an appeal from a judgment or conviction in any inferior or municipal
court of the county, in the Circuit Court of Chilton County, or the District Court of Chilton
County, hereinafter filed in or arising in the Circuit Court of Chilton County, or the District
Court of Chilton County, or brought by appeal, certiorari or otherwise to the Circuit Court
of Chilton County, or the District Court of Chilton County, which costs shall be collected
as other costs in such cases are collected by the clerk, or ex officio clerk, of the courts
or the register of the Circuit Court of Chilton County,...
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45-3-83
Section 45-3-83 Additional fees; collection; use. In Barbour County, in addition to all other
fees, there shall be taxed as costs the sum of three dollars ($3) in each civil or quasi-civil
action at law other than traffic violation cases, each suit in equity, each criminal case,
each quasi-criminal case, and proceedings on a forfeited bail bond or proceedings on a forfeited
bond given in connection with an appeal from a judgment or conviction in any inferior or municipal
court of the county, in the Circuit Court of Barbour County, or the District Court of Barbour
County, hereinafter filed in or arising in the Circuit Court of Barbour County, or the District
Court of Barbour County, or brought by appeal, certiorari, or otherwise, to the Circuit Court
of Barbour County, or the District Court of Barbour County. In addition to all other fees,
there shall be taxed as costs the sum of two dollars fifty cents ($2.50) for each traffic
violation case. The costs shall be collected as other costs...
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6-6-430
Section 6-6-430 Filing of bond; discharge of money or property from garnishment; proceedings
as if bond not executed; judgment; discharge of garnishee. (a) When garnishment has been issued
in aid of a pending action or upon a judgment, the defendant may make and file with the judge
or clerk issuing the garnishment bond in such sum as the judge or clerk may prescribe, not
exceeding twice the amount of the plaintiff's demand, payable to the plaintiff, with sufficient
surety, to be approved by such judge or clerk, conditioned to pay the amount for which the
garnishee may be found indebted or liable to the defendant and the cost of the garnishment.
Thereupon, the money or property in the hands of the garnishee is discharged from the garnishment
and the garnishee relieved of all liability therefor to the plaintiff; but the garnishee must
answer, and, except as is otherwise provided in this article, the case must proceed and be
determined as if such bond had not been executed. (b) If the...
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6-6-720
Section 6-6-720 Entry of summary judgment in favor of state against certain defaulters or sureties.
Summary judgment must be entered in favor of the state against the defaulters named in this
section and their sureties, or either, in any court of the county of their residence having
jurisdiction, on 10 days' notice, in the following cases: (1) Against any tax assessor for
making up a false or fraudulent assessment, in each case, for not more than $500, and such
tax assessor may also be imprisoned in the county jail for not exceeding three months; (2)
Against any county treasurer or county depositaries, or any officer or agency of the county
charged with the duty and custody of receiving and paying out county funds, for failing to
pay over the excess of purchase money as provided in the revenue law to the former owner of
any property sold for taxes, for not less than $200; (3) Against any judge of probate for
failing to make out and forward abstracts, reports, or returns according to...
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