15-21-14
Section 15-21-14 Issuance of precept; execution of precept by sheriff or constable. (a) At the time of issuing a writ of habeas corpus or at any time afterward before the hearing, the officer issuing the writ must, on a proper showing, issue a precept directed to any sheriff or constable of the state, commanding him to have the body of the person who is imprisoned or restrained produced before the officer before whom the writ is returnable at the time and place at which it is returnable. (b) Such precept must be executed by any sheriff or constable into whose hands it may come according to its mandate. (c) If the party is brought before the court or judge by virtue of a precept issued under the provisions of this section, the case must be heard and determined as if he had been produced in return to the writ. (Code 1852, §§720, 727; Code 1867, §§4271, 4278; Code 1876, §§4947, 4954; Code 1886, §§4771, 4778; Code 1896, §§4824, 4831; Code 1907, §§7019, 7026; Code 1923,...
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15-21-18
Section 15-21-18 Person and original detaining warrant, writ, etc., to be produced with return; exception. At the time of making the return, one must also produce the person on whose behalf the writ of habeas corpus was sued out, according to the command of the writ, and the original warrant, writ or other written authority under which he was detained; but, if from sickness or infirmity the party cannot be produced without danger, that fact must be stated in the return, verified by oath and, if required, established by other sufficient evidence. (Code 1852, §725; Code 1867, §4276; Code 1876, §4952; Code 1886, §4776; Code 1896, §4829; Code 1907, §7024; Code 1923, §4323; Code 1940, T. 15, §19.)...
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6-9-80
Section 6-9-80 Time for execution and return. The sheriff or other officer receiving an execution must execute the writ with diligence and, if practicable, perform the mandate thereof and make return of his acts to the clerk or register, as soon as practicable and not later than 90 days from the date of the execution. (Code 1852, §2437; Code 1867, §2852; Code 1876, §3190; Code 1886, §2899; Code 1896, §1897; Code 1907, §4098; Code 1923, §7813; Code 1940, T. 7, §526.)...
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15-21-16
Section 15-21-16 Service of writ. A writ of habeas corpus must be served by the sheriff, deputy sheriff or some constable of the county in which it is issued or in which the person on whose behalf it issued out is imprisoned or detained, by delivering a copy to the person to whom it is directed and showing the original, if demanded. If such person cannot be found, conceals himself or refuses admittance to the officer, the writ may be served by leaving a copy at the place where the party is confined with any person of full age who, for the time being, has charge of the party or by posting it in a conspicuous place on the outside of the house or building in which the party is confined. (Code 1852, §722; Code 1867, §4273; Code 1876, §4949; Code 1886, §4773; Code 1896, §4826; Code 1907, §7021; Code 1923, §4320; Code 1940, T. 15, §16.)...
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6-6-337
Section 6-6-337 Proceedings upon determination for either plaintiff or defendant. (a) If the judge determines in favor of the plaintiff, he must record the decision and enter judgment with costs, upon which he must issue a writ of execution commanding the sheriff or the constable to restore the plaintiff to possession or place him in possession of his lands and tenements according to complaint and to levy on and sell a sufficiency of the defendant's goods and chattels, lands and tenements to satisfy the costs of the proceedings. Successive writs may issue at any time when necessary to eject defendant or collect costs and damages, and a defendant who refuses to obey the mandate of the writ as to the possession of the property or who enters upon the premises without just cause or legal excuse after being ejected shall be guilty of resisting an officer and contempt of court and shall be punished and fined accordingly, in the discretion of the court issuing the process. (b) If the judge...
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15-21-15
Section 15-21-15 Subpoenas for witnesses. (a) On the application of either party, subpoenas for witnesses must be issued at any time before the hearing on a writ of habeas corpus by the clerk of the circuit court of the county to which the writ is returnable. (b) Such subpoenas must be directed to the sheriff or any constable of the county in which the witness resides and must be executed and returned as in other cases. (Code 1852, §721; Code 1867, §4272; Code 1876, §4948; Code 1886, §4772; Code 1896, §4823; Code 1907, §4319; Code 1923, §4319; Code 1940, T. 15, §15.)...
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6-9-120
Section 6-9-120 Return showing goods levied on unsold; issuance of writ; form of writ. When goods levied on remain in the hands of the officer unsold, it is his duty to make return of the fact; and, thereupon, the clerk must issue a writ for the sale thereof in substance as follows: The State of Alabama, _____ County. To the Sheriff of said County: You are hereby commanded to sell those goods and chattels of _____, which you have taken pursuant to our command, and which, according to your return, remain in your hands unsold, to satisfy _____ the sum of _____ dollars, recovered by him of the said _____ by the judgment of our circuit (or district) court, held for the County of _____ on the _____ day of _____, 19__, and _____ dollars, cost of the action; and make return of this writ and execution thereof according to law. Witness my hand, this _____ day of _____, 19__. _____ Clerk or Register. (Code 1852, §2454; Code 1867, §2868; Code 1876, §3206; Code 1886, §2915; Code 1896, §1913;...
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6-6-680
return, for the amount of the execution, interest, and 10 percent damages thereon; (5) For failing to notify the plaintiff, his agent, or attorney of the collection of money by execution, for five percent per month on the amount collected from the time when the notice should have been given, not to exceed $25 per month; (6) For failing to endorse on an execution the true date of its delivery to him, for 10 percent on the amount of the execution, and the officer is also responsible for any injury or loss which may arise from such omission; and (7) For failure to execute a summons, attachment, or other mesne process, which by due diligence could have been executed, for a sum not less than $50, nor more than $500, to be ascertained by a jury. This remedy shall not preclude the party injured from a resort to other legal modes of redress. (Code 1852, §§2601-2607; Code 1867, §§3031-3037; Code 1876, §§3356-3362; Code 1886, §§3100-3106; Code 1896, §§3768-3774; Code 1907,...
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28-4-225
Section 28-4-225 Application for and issuance of writ directing seizure of prohibited liquors and beverages, movable property, etc., used in connection with nuisance pending hearing of action. If the petition shall request a writ of seizure authorizing the sheriff to seize all prohibited liquors and beverages on the premises, together with all signs, screens, bars, bottles, glasses and other movable property used in keeping and maintaining said nuisance, the officer, or citizen or citizens filing the petition may, at the time they apply for a preliminary injunction, make application to the judge who grants the preliminary injunction or to the judge of the court in which the petition is or is to be filed or they may, at any time pending the hearing, make such application to said judge for such writ of seizure, and said writ may be ordered to issue when probable cause is shown, supported by oath or affirmation for the issuance of said writ, that the officer or person making the...
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6-6-166
Section 6-6-166 Return - Where levy made in different county than where judgment entered or original attachment issued; trial in circuit court; effect of copies; forfeiture of bond. (a) When the levy is made in a different county from that in which the judgment was entered or the original attachment issued, if a claim is interposed to the property, it is the duty of the officer levying the writ to return the original to the court from which it issued, with a statement thereon showing the interposition of the claim and true copies of the affidavit and bond, certified by him; and he must return the original affidavit and bond and a true copy of the writ under which the levy was made, certified by him, to the circuit court of his own county, where, after 30 days, the trial of the right of property must be had. The copies thus required to be made, certified as provided in this section, must be received in lieu of and have, in all respects, the same effect as the originals. (b) If, in the...
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