Code of Alabama

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6-2-34
Section 6-2-34 Commencement of actions - Six years. The following must be commenced within
six years: (1) Actions for any trespass to person or liberty, such as false imprisonment or
assault and battery; (2) Actions for any trespass to real or personal property; (3)
Actions for the detention or conversion of personal property; (4) Actions founded on
promises in writing not under seal; (5) Actions for the recovery of money upon a loan, upon
a stated or liquidated account or for arrears of rent due upon a parol demise; (6) Actions
for the use and occupation of land; (7) Motions and other actions against the sureties of
any sheriff, coroner, constable, or any public officer and actions against the sureties of
executors, administrators, or guardians for any nonfeasance, misfeasance, or malfeasance,
whatsoever, of their principal, the time to be computed from the act done or omitted by their
principal which fixes the liability of the surety; (8) Motions and other actions against...

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8-3-30
Section 8-3-30 When surety on replevy bond may demand collateral security; seizure of property
if collateral not given; disposition of seized perishable property. (a) When the principal
in any replevy bond is wasting the replevied property or is removing or is about to remove
himself or property out of the state, the surety or sureties on the replevy bond may demand
of the principal adequate indemnity against loss by collateral security. (b) If such security
is not given within five days after demand made, the surety may make affidavit thereof before
the clerk of the court in which such bond is filed, setting forth the demand of the principal
for collateral security, for some one or more of the causes mentioned in subsection (a) of
this section, and that the principal has failed to give security. Thereupon, the clerk must
issue a writ directed to the sheriff commanding him to seize the replevied property and hold
the same until the decision of the civil action in which it was replevied...
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6-9-1
cause to be made the sum of _____ dollars damages adjudged to the said _____, and also the
further sum of _____ dollars, costs of the action; and make return of this writ and the execution
thereof according to law. Witness my hand, this _____ day of _____, 2__. _____ Clerk or Register.
(Form of Writ for Seizure and Delivery of Specific Property) The State of Alabama, ___ County.
To any Sheriff of the State of Alabama: You are hereby commanded to seize and deliver to _____
the following personal property, viz.: (Describe the property recovered), which the
said _____, on the _____ day of _____, 2__, by judgment of our circuit (or district) court,
held for the County of _____, recovered of _____, if the same can be had; if not, you are
hereby commanded that of the goods and chattels, land, and tenements of the said _____, you
cause to be made the sum of _____ dollars, the alternate value of the personal property,
viz.: (Set out the assessed value of each item of personal property)....
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36-22-11
Section 36-22-11 Entries to be made in record book as to amounts received by sheriff on executions
or orders of sale. The sheriff must also enter on the same page, against the entries required
by Section 36-22-10, the amount he receives on such execution or order of sale, stating the
principal, interest and cost separately and also stating separately each item of costs he
receives which is not charged in the bill of costs, the time he receives the same and his
return. (Code 1852, §692; Code 1867, §820; Code 1876, §733; Code 1886, §813; Code 1896,
§3743; Code 1907, §5875; Code 1923, §10201; Code 1940, T. 54, §20.)...
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11-47-172
compos mentis, a nonresident, or unknown, then the mayor or other chief executive officer shall
apply to the clerk of the circuit court of the county for a writ of ad quod damnum to be directed
to the sheriff of the county, commanding him to summon three freeholders of the county to
appear before the sheriff on a day named, not less than two days from the date of the writ,
and to proceed under his direction to assess a value of the lands of such proprietor for the
use thereof or damages or injury which may be done to any property by the change in
the grade of any street, sidewalk, or public place named in the application for the writ and
in the writ, which shall describe the lands required for the use of the city or town, the
use for which said lands are desired, the grade intended (in case of change desired in grade
of any street, sidewalk, or public place) and the name of the owners, respectively, if known,
and the said persons thus selected shall be sworn by the sheriff to...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any
circuit court or district court having reason to believe that the testimony of any convict
serving a sentence in the penitentiary or to hard labor for the county is necessary in any
criminal prosecution for the state and that other evidence cannot be obtained on behalf of
the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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6-6-286
Section 6-6-286 Proceedings upon defendant's suggestion of adverse possession. (a) When an
action is commenced to recover land or the possession thereof, the defendant may, at any time
before the trial, suggest upon the record that he, and those whose possession he has, have,
for three years next before the commencement of the action, had adverse possession thereof,
which must be construed to mean the same character of possession as will put in operation
the statute of limitations. In such case, if the jury finds for the plaintiff, it must also
ascertain by its verdict whether such suggestion is true or false. If the jury finds it to
be false, it must return a verdict for the damages as in ordinary cases. If the jury finds
it to be true, it must assess the value, at the time of trial, of the permanent improvements
made by the defendant, or those whose estate he has, and also ascertain by its verdict the
value of the lands and of the use and occupation thereof, not including the...
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6-6-661
Section 6-6-661 Venue. The summary remedies given in this article must be enforced in the manner
following, except in cases otherwise specially provided in this article: (1) When the motion
is against a sheriff, coroner, clerk, or other officer of court, or their sureties, the motion
must be made in the circuit court of the county in which such officer was acting officially
at the time of the default or in the court to which the process was returnable when the default
consists in the failure to execute or return process or to pay over money collected thereon;
and (2) In all other cases not specially provided for, the motion must be made in the circuit
court of the county in which the person moved against resides or, if he has no permanent residence,
then in any county where he may be found. (Code 1852, §2600; Code 1867, §3029; Code 1876,
§3355; Code 1886, §3099; Code 1896, §3767; Code 1907, §5903; Code 1923, §10230; Code
1940, T. 7, §594.)...
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3-5-13
Section 3-5-13 Procedure for sale of livestock or animal when not reclaimed by owner, etc.;
disposition of proceeds of sale. If the owner or his agent shall not, when he has made no
bond, reclaim his livestock or animal within 24 hours after the judge of the district court
shall have ascertained such damages, then the judge of the district court shall order the
same sold by a constable of the precinct or by someone appointed to act as such or by the
sheriff or his deputy or by the law enforcement officer of a municipality. Such officer, upon
the making of such order, shall sell the same upon giving five days' notice of such sale by
publication one time in a newspaper published in the county, said notice to contain a brief
description of the livestock or animal to be sold and the time and place of sale. But out
of the proceeds such officer shall pay the costs and expenses and damages due the plaintiff
and the expenses of taking up, keeping and caring for such livestock or animal, and...
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35-6-114
Section 35-6-114 When sheriff ordered to take possession of crops; forthcoming bond. (a) If,
at the time of filing such application, or afterwards, any party interested in the crops,
his agent or attorney, makes affidavit before the judge of probate that he has cause to believe
that the crops, or any portion thereof, will be removed, sold, consumed, or destroyed before
they can be divided, and gives bond, with sufficient surety, in double the value of the property
to be divided, payable to the defendant or defendants, with condition to pay all costs and
damages that may accrue from the wrongful filing of the application, the court shall order
the sheriff to take possession of such crops, and to safely keep the same until final disposition
thereof shall be made by the court, unless the other parties in interest, or some of them,
give bond, with sufficient surety, to be approved by the sheriff, in double the value of the
shares of those complaining, with condition for the delivery of...
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