11-88-78
Section 11-88-78 Issuance of execution on appeal bond and sale of property assessed when final
judgment entered in favor of authority. In the event the final judgment is entered in favor
of the authority, execution may be issued thereon against the principal and sureties on the
appeal bond, unless the amount of the judgment is paid within 30 days from the date of such
judgment, and the court shall, by further order, direct that the property assessed be sold
to satisfy such judgment. Nothing contained in this article shall operate to release or discharge
the lien on such property, unless the assessment is fully paid. (Acts 1973, No. 826, p. 1293,
§39.)...
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11-48-43
Section 11-48-43 Appeals from judgment of circuit court - By property owner - Authorized; bonds.
An appeal may be taken to the Supreme Court of Alabama by any person interested in said property
from the judgment entered by the circuit court within 42 days from the date of entry of such
judgment, upon giving bond for costs of appeal or, if a stay of execution of the judgment
is desired, upon giving further bond in such sum as the judge of the circuit court may prescribe,
payable to the city or town with sufficient sureties, to be approved by the clerk of said
court, conditioned to pay such judgment or perform such judgment as the supreme court may
render in the action, and all such costs and damages as the city or town may have sustained
if the judgment is affirmed. (Code 1907, §1396; Code 1923, §2211; Acts 1927, No. 639, p.
753; Code 1940, T. 37, §552.)...
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11-88-74
Section 11-88-74 Appeal from judgment of circuit court to Supreme Court - By property owner
- Authorization and procedure generally. An appeal may be taken to the Supreme Court of Alabama
by any person interested in the said property from the judgment entered by the said court
within 42 days upon giving bond for costs of appeal or, if a stay of execution is desired,
upon giving further bond in such sum as the judge of the said court may prescribe, payable
to the authority, with sufficient sureties, to be approved by the judge of the said court,
conditioned to pay such judgment or perform such judgment as the Supreme Court may render
in the premises and all such costs and damages as the authority may have sustained if the
judgment is affirmed. (Acts 1973, No. 826, p. 1293, §35.)...
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6-9-161
Section 6-9-161 Tendering value of restored property by bond obligors where same dead or destroyed.
When property is restored to the defendant on the execution of a forthcoming bond and the
same dies or is destroyed before the day for the delivery thereof without fault on his part,
the obligors in the bond may tender the value thereof to the plaintiff, his agent or attorney,
and if such tender is refused, the obligors in such bond may, on petition to the judge of
the circuit court, supersede the same. (Code 1852, §2470; Code 1867, §2890; Code 1876, §3217;
Code 1886, §2921; Code 1896, §1919; Code 1907, §4138; Code 1923, §7853; Code 1940, T.
7, §565.)...
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11-48-45
Section 11-48-45 Appeals from judgment of circuit court - By property owner - Addition of interest
and damages upon affirmance of judgment for municipality. In the event a supersedeas bond
has been given as provided in Section 11-48-43 and the said case is affirmed by the supreme
court, it shall add to the judgment entered by the lower court interest thereon and 10 percent
in damages for delay. (Code 1907, §1398; Code 1923, §2213; Acts 1927, No. 639, p. 753; Code
1940, T. 37, §554.)...
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18-1A-270
Section 18-1A-270 Application to probate court for order of condemnation; bond or security
and affidavit not required of state or counties; authority from Governor to bring suit. The
State of Alabama, or any county, municipality, the University of Alabama, Auburn University,
the University of Montevallo or any corporation organized under the laws of this state, or
any person or association of persons, proposing to take lands, or to acquire an interest or
easement therein, for any uses for which private property may be taken, may, if there be no
other mode of proceeding prescribed by law, apply to the probate court of the county in which
such lands, or a material portion thereof, may be situate, for an order of condemnation thereof
to such uses. The state or any county may institute and maintain the proceedings herein authorized,
in its own name, without giving bond or security or causing affidavit to be made, though the
same may be required if the action were between private citizens....
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18-1A-284
Section 18-1A-284 Judgment not suspended by appeal if damages paid into probate court and bond
given. No appeal shall suspend the judgment or deprive the applicant of the right of entry,
provided the amount of the damages assessed for the parties who appeal or against whom an
appeal is taken shall have been paid into probate court in money and a bond shall have been
given in double the amount of such damage, with good and sufficient surety, to pay such damages
as the property owners may sustain. Said amount of damages may be paid into probate court
and said bond in double the amount of such damage, with good and sufficient surety, may be
given at the time of taking the appeal or at any time thereafter that the applicant may desire
the right of entry pending the appeal. (Acts 1985, No. 85-548, p. 802, §1615.)...
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6-6-293
Section 6-6-293 Judgment - Rent of premises after judgment and before possession. The plaintiff
may have judgment against the defendant for the rent of the premises which accrues after judgment
and before the delivery of possession by motion in the circuit court where the judgment was
entered, on 10 days' notice in writing, unless the judgment is stayed by appeal and bond,
in which case the motion may be made after affirmance of the judgment. (Code 1852, §2208;
Code 1867, §2609; Code 1876, §2958; Code 1886, §2711; Code 1896, §1551; Code 1907, §3855;
Code 1923, §7471; Code 1940, T. 7, §956.)...
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12-22-112
Section 12-22-112 Liability of defendant failing to appear; warrant of arrest. (a) If the defendant
fails to appear at the circuit court as required by the appeal bond, he shall be liable to
the same penalties, forfeitures and proceedings as on a forfeited bail bond taken in the court,
and a new warrant of arrest may issue from that court without any other authority therefor.
(b) Such warrant of arrest must be directed to any sheriff of the State of Alabama; and, when
the defendant is arrested, he must be dealt within all respects as if the arrest had been
made on capias from the circuit court. (Code 1852, §§507, 508; Code 1867, §§4057, 4058;
Code 1876, §§4727, 4728; Code 1886, §§4229, 4230; Code 1896, §§4625, 4626; Code 1907,
§§6728, 6729; Code 1923, §§3841, 3842; Code 1940, T. 15, §§361, 362.)...
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13A-12-73
Section 13A-12-73 Sale of forfeited vehicle; rights of bailor, conditional vendor or mortgagee.
The court in condemnation proceedings shall sell the right of all interested persons in and
to said conveyance or vehicle who aided or assisted any such person as described in Section
13A-12-70 in the illegal transportation or who had knowledge or notice thereof, or who had
knowledge of the presence thereof in said vehicle or conveyance, or who could by reasonable
diligence have obtained knowledge or notice thereof. Any bona fide bailor or conditional vendor
or chattel mortgagee who shall, prior to bailing, selling or accepting a mortgage upon such
conveyance or vehicle, make inquiry of the sheriff and chief of police of the county and city
of the residence of such bailee, vendee or mortgagor and of the sheriff and chief of police
of the county and city of the place of business of the bailor, vendor or mortgagee, or of
any recognized or licensed agency which makes a systematic check of court...
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