6-6-455
Section 6-6-455 Proceedings when garnishee liable for delivery of personal property. If the
garnishee is liable for the delivery of personal property or for the payment of money which
may be discharged by the delivery of personal property, the value of the property must be
ascertained and a judgment entered against the garnishee that if he does not, by a day to
be fixed by the court which must be a day after the maturity of such contract, deliver such
property to the sheriff or other lawful officer, he must pay the value thereof or the sum
of money which was payable therein. Upon the return of the sheriff or such other officer that
such property was not delivered or the value thereof or such sum of money was not paid to
him as required by the judgment, execution must be issued for the ascertained value of such
property or for the sum of money payable therein, if the same is less than the amount of the
judgment against the defendant in the original action, or, if more or equal thereto,...
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12-22-111
Section 12-22-111 Issuance, execution and return of subpoenas for witnesses; liability of witnesses
failing to appear. In cases of appeal, the clerk of the court shall issue subpoenas for such
witnesses as may be required, both for the state and for the accused, returnable to the next
session of the court to which the appeal is taken, which subpoenas shall be executed by the
sheriff and returned to such circuit court. If witnesses so summoned fail to appear and testify
as required, they shall be liable to the same penalties, forfeitures and proceedings as if
the subpoenas had been issued out of the circuit court. (Code 1852, §506; Code 1867, §4056;
Code 1876, §4726; Code 1886, §4228; Code 1896, §4624; Code 1907, §6727; Code 1923, §3840;
Code 1940, T. 15, §360.)...
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15-21-12
Section 15-21-12 Notice to any other person having interest required. If it appears from the
petition for a writ of habeas corpus or from the documents thereunto annexed that the party
is imprisoned or detained by virtue of any process under which any other person has an interest
in continuing his imprisonment or restraint, the officer issuing the writ must endorse thereon
an order requiring the applicant, or someone else for him, to give notice to such person,
or to his attorney, of the issue of the writ and of the time and place at which it is returnable,
in order that he may, if he thinks proper, appear and object to the discharge of the party
who is imprisoned. If such notice is not given, when the party who is entitled to it is within
50 miles of the place of examination, the party who is imprisoned must not be discharged.
(Code 1852, §718; Code 1867, §4269; Code 1876, §4945; Code 1886, §4769; Code 1896, §4822;
Code 1907, §7017; Code 1923, §4316; Code 1940, T. 15, §12.)...
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15-21-13
Section 15-21-13 Notice to district attorney, prosecutor or arrestor required when criminal
charge; bail without notice. If it appears from the petition for a writ of habeas corpus or
from the documents thereunto annexed that the party is imprisoned and detained on any criminal
charge or accusation, the officer issuing the writ must endorse thereon an order requiring
the applicant, or someone else for him, to give notice to the district attorney of the circuit
or to the prosecutor or principal agent in procuring the arrest of the issue of the writ and
of the time and place at which it is returnable. If such notice is not given when the district
attorney or other person entitled to it is within 50 miles of the place of examination, the
party who is imprisoned must not be discharged. But, if the party is charged with an offense
which is bailable and he waives an examination into the facts, the judge may fix the amount
of bail, without notice to the district attorney or prosecutor, and in...
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15-21-22
Section 15-21-22 Admission to bail if charged with bailable offense; procedure when sufficient
bail not offered; transmission of bail to clerk of court; forfeiture of bail. (a) Upon a hearing
on a writ of habeas corpus, if it appears that the detained party is charged with a public
offense which is bailable, he must be admitted to bail on offering sufficient bail. (b) If
sufficient bail is not offered, the amount of bail required must be endorsed on the warrant,
and the court to which he is required to appear, and the detained party may be afterwards
discharged by the sheriff of the county on giving sufficient bail in the amount so required.
(c) All undertakings of bail taken by any judge or sheriff under the provisions of this section
must be transmitted by him to the clerk of the court before which the party is bound to appear
by the first day of the next succeeding session and may be forfeited, and the same proceedings
thereon had, as against other bail in criminal cases. (Code...
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15-5-6
Section 15-5-6 Form. A search warrant may be substantially in the following form: The State
of Alabama, } To the sheriff or any constable of ___ county} ___ county. Proof by affidavit
having this day been made before me by A. B., that, (stating the particular ground on which
the warrant issued out; or, if the affidavits are not positive, that there is probable ground
for believing that, etc.); you are, therefore, commanded in the daytime (or at any time of
the day or night, as the case may be) to make immediate search on the person of C. D. (or
in the house of C. D., as the case may be), for the following property: (particularly describing
it); and if you find the same, or any part thereof, to bring it forthwith before me at, etc.,
(stating place). Dated the _____ day of _____, 20__ (Signed) E. F., Judge, or Magistrate,
as the case may be." (Code 1852, §831; Code 1867, §4382; Code 1876, §4011; Code 1886,
§4732; Code 1896, §5489; Code 1907, §7762; Code 1923,...
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15-6-21
Section 15-6-21 Arrest warrant. (a) If on examination by the circuit, district or municipal
court judge, it appears that there is reason to fear the commission of any offense by the
person complained of, such judge must issue a warrant directed to any lawful officer of the
state, containing the substance of the complaint and commanding such officer forthwith to
arrest the person complained of and bring him before him or some other judge having jurisdiction
of the matter. (b) The warrant may be after the following form: "State of Alabama, ___
County. To any lawful officer of the state: Complaint on oath having been made before me that
C. D. had threatened to assault and beat A. B. (or is about) to (here set forth particularly
the offense threatened or about to be committed) on the person or property of ______, you
are hereby commanded forthwith to arrest said C. D. and bring him before me (or some other
judge having jurisdiction of the matter, setting forth his name and office)....
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36-22-10
Section 36-22-10 Maintenance of record book as to executions or orders of sale received by
sheriff generally. Each sheriff must also enter in well-bound books, whenever any execution
or order of sale is received by him, the names of the parties, the character of the process,
the time of its receipt, the date of the judgment on which the same issued, if it appears
from such process, the amount of the same, principal and costs, the court from which it issued
and the name of the attorneys as endorsed thereon. (Code 1852, §691; Code 1867, §819; Code
1876, §732; Code 1886, §812; Code 1896, §3742; Code 1907, §5874; Code 1923, §10200; Code
1940, T. 54, §19.)...
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43-2-622
Section 43-2-622 Orders of distribution - Oath; return; exceptions to report. (a) The persons
therein named, or a majority of them, must proceed to make distribution according to such
order, having first taken an oath to make such distribution fairly and impartially, if the
same can be made, which oath may be administered by the executor or administrator, and must
return their proceedings in writing, signed by them, to the court by the day specified in
such order. (b) If the property cannot be divided equitably without a sale of all or some
portion thereof, the commissioners must so report. (c) Any person may file exceptions to the
report of the commissioners within 30 days after the day appointed for the return or, if returned
at any time thereafter, within 30 days after the return. (Code 1852, §§1793-1795; Code 1867,
§§2120-2122; Code 1876, §§2497-2499; Code 1886, §§2163-2165; Code 1896, §§231-233;
Code 1907, §§2714-2716; Code 1923, §§5952-5954; Code 1940, T. 61,...
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45-34-80.20
Section 45-34-80.20 Summons; service. (a) Notices of the requirement of the attendance of jury
service in the Circuit Court of Henry County may be served by first class mail or may be served
as provided by the Alabama Rules of Civil Procedure and this code. If, in the discretion of
the sheriff, the service is made by first class mail, such service shall be made as follows.
It shall be the duty of the sheriff to enclose the summons in an envelope addressed to the
person to be served and place all necessary postage and a return address thereon with notice
to the postal authorities not to forward outside of the county. In the event the jury summons
is returned to the sheriff by the post office of the United States without delivery, the summons
shall be made by the sheriff returned NOT FOUND. All jury summons not returned by the post
office shall be considered for all purposes as sufficient personal and legal service. The
provisions of this subsection in reference to service by mail,...
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