36-5-13
Section 36-5-13 Attorneys not deemed sufficient sureties on official bonds of probate judges,
sheriffs, constables, etc. A practicing attorney-at-law must not be deemed a sufficient surety
on the official bond of the judge of probate or of the clerk or register of any court of record
or of any other officer of a court of record or of the sheriff or deputy sheriff or the coroner,
or of any constable, general or special. (Code 1886, §264; Code 1896, §3077; Code 1907,
§1490; Code 1923, §2602; Code 1940, T. 41, §43.)...
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6-6-262
Section 6-6-262 Execution, garnishment, or other process on bond. If the unsuccessful party,
who has given bond and taken the property into possession fails, for 30 days after the judgment,
to deliver the property and to pay the damages assessed for the detention thereof and the
costs, the sheriff must, upon the bond, make return of the fact of such failure; and, thereupon,
the bond has the force and effect of a judgment on which execution, garnishment, or other
process may issue against any, or all, the obligors therein for the alternative value of the
property as assessed by the jury and the damages assessed for its detention and the costs.
If the property is delivered and the damages assessed for its detention and the costs are
not paid, the sheriff must, upon the bond, make return of the fact, and execution, garnishment,
or other process must issue against any or all of the obligors for such damages and costs,
or for either, as either may be unpaid. (Code 1852, §2195; Code 1867,...
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15-21-2
Section 15-21-2 Persons entitled to prosecute writ - Persons confined for failure to enter
into undertaking to keep the peace. Any person confined in jail for failing to enter into
an undertaking to keep the peace may prosecute a writ of habeas corpus as provided in this
chapter; but such writ can be heard only by a judge of the circuit court, who may discharge
the applicant, remand him to jail or reduce the amount of the undertaking as may seem right.
If the amount of the undertaking is reduced, the sheriff must discharge the applicant upon
the entering into the undertaking in the sum fixed by such judge. (Code 1896, §4813; Code
1907, §7008; Code 1923, §4306; Code 1940, T. 15, §2.)...
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6-6-456
Section 6-6-456 Judgment and proceedings if possession of effects subject to levy and sale
admitted. If the garnishee admits the possession of effects of the defendant, the subject
of levy and sale under legal process, judgment of condemnation must be entered that such effects
be delivered upon demand after the entry of judgment in favor of the plaintiff in the original
action, or so much thereof as may be necessary to satisfy the judgment, and the sheriff must
make sale thereof. If the garnishee fails to deliver such effects to the sheriff on demand,
he must make return thereof to the clerk, who must thereupon issue an execution against the
garnishee in favor of the plaintiff for the amount of the judgment and costs. If, however,
such failure is without fault or negligence on the part of the garnishee, he may tender to
the plaintiff, his agent, or attorney the value of such effects; and, if such tender is refused,
he may obtain relief by supersedeas. (Code 1852, §§2542-2544; Code...
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12-21-248
Section 12-21-248 Conditional judgment against defaulting witnesses - Notice; when made absolute.
Where a conditional judgment has been entered against a defaulting witness in a criminal case,
if he does not appear before the docket then in process of being heard is completed and show
a sufficient cause for his default, a notice must be issued by the clerk of the court within
30 days notifying him of the entry of such conditional judgment and that the same will be
made absolute at the expiration of 30 days from the date of service of said notice unless
he appears and shows sufficient excuse for his default, which notice must be served by the
sheriff and return thereof made to the clerk. If he fails to appear as required or fails to
show sufficient excuse for his default, to be determined by the court, the judgment must be
made absolute against him. (Code 1852, §673; Code 1867, §4225; Code 1876, §4930; Code 1886,
§4471; Code 1896, §5295; Code 1907, §7892; Code 1923, §5630; Code...
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12-22-220
Section 12-22-220 By whom and when granted; duty of clerk of court. (a) A writ of error on
any judgment entered in a criminal case may issue on an order to that effect by any one of
the judges of the appropriate appellate court in vacation or by the appropriate appellate
court in term time, addressed to the clerk of the court in which the judgment was entered,
but such writ must only be granted on some error of law apparent on the record on appeal.
(b) On the filing of such order with the clerk of the court in which the judgment was entered,
such clerk must give the party filing it a certificate of the filing thereof, make out a writ
of error and a transcript of the record and proceedings had in the cause, attach his certificate
and the writ of error to such transcript and deliver the same, on demand, to the party suing
out the writ, or to his attorney. (Code 1876, §§4984, 4985; Code 1886, §§4516, 4517; Code
1896, §§4327, 4328; Code 1907, §§6258, 6259; Code 1923, §§3252,...
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13A-9-13.2
Section 13A-9-13.2 Negotiating worthless negotiable instrument - Notice of refusal of payment
upon instrument. For purposes of Section 13A-9-13.1: (1) Notice mailed by certified or registered
mail, evidenced by return receipt, to the address printed on the instrument or given at the
time of issuance shall be deemed sufficient and equivalent to notice having been received
by the person making, drawing, uttering, or delivering the instrument. (2) The form of notice
shall be substantially as follows: "This statutory notice is provided pursuant to Section
13A-9-13.2 of the Alabama Code. You are hereby notified that a check or instrument numbered
_____, apparently issued by you on ___ (date), drawn upon ___ (name of bank), and payable
to ___, has been dishonored. Pursuant to Alabama law, you have 10 days from receipt of this
notice to tender payment of the full amount of the check or instrument plus a service charge
of not more than (fill in appropriate amount provided by...
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15-13-5
Section 15-13-5 Discharge of defendant by sheriff or deputy after indictment for misdemeanor.
(a) If the offense charged in an indictment is a misdemeanor, the defendant must be discharged
by the sheriff, or his deputy, on giving sufficient bail; but the amount of bail must in no
case be less than $50.00. (b) If an indictment charges a misdemeanor and the defendant is
committed to jail for want of bail, the sheriff may, at any time, discharge him on his giving
bail in the amount required. (Code 1852, §§605, 609; Code 1867, §§4157, 4161; Code 1876,
§§4830, 4832; Code 1886, §§4410, 4430; Code 1896, §§4350, 4353; Code 1907, §§6330,
6333; Code 1923, §§3363, 3366; Code 1940, T. 15, §§188, 191; Acts 1949, No. 199, p. 230.)...

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15-21-8
Section 15-21-8 Writ to be granted without delay; to whom writ returnable. (a) The judge to
whom the application for a writ of habeas corpus is made must grant the same without delay,
unless it appears from the petition itself or from the documents thereunto annexed that the
person imprisoned or restrained is not entitled to the benefit of the writ under the provisions
of this chapter. (b) When the person is confined in the penitentiary, the writ must be made
returnable before the circuit court of the county in which the convict is confined, but if
the writ is granted more than 10 days before the time fixed for the holding of such court,
it must be made returnable before the nearest circuit court judge. When a person is a patient
or confined in any hospital in the state, the writ must be made returnable before the circuit
court of the county in which the hospital is located in which he is so confined. In all other
cases, the writ must be made returnable before the officer by whom it is...
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17-16-54
Section 17-16-54 Contest of election of judge of circuit or district court - Procedure generally.
If the contest is of an election to the office of judge of the circuit court or of the district
court, the party contesting must file in the office of the judge of probate of the county
of the residence of the person declared elected, a statement in writing of the grounds of
contest, verified by affidavit, as prescribed in this article, and must give good and sufficient
security for the costs of the contest, to be approved by the judge of probate. On the filing
of the statement and the giving of the security, the judge of probate must endorse thereon
an order appointing a day for the trial of the contest, not less than 30 nor more than 50
days from the day of the reception of the certified statement and fixing the place of trial,
which must be at some place in the circuit or district in which the election was held, and
where a circuit or district court is required to be held, and must...
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