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35-6-117
Section 35-6-117 Appointment and duties of commissioners generally; oath; return; seizure of
crops. If a division of the crops is decreed, the judge of probate must forthwith issue a
writ, directed to the sheriff, and commanding him to summon three disinterested and intelligent
householders of the county, not related to either of the parties, to make such division, who
shall divide the crops among the parties according to the decree, a copy of which must accompany
the writ, and shall, within 10 days after their appointment, make due return of the division
made by them in writing and under oath, which oath must be taken before the judge of probate,
and must set forth that they made the division fairly and impartially, to the best of their
knowledge and ability; and for the purpose of such division the sheriff, if not in possession,
and no forthcoming bond has been given, must seize the crops to be divided, if in the possession
of any of the parties to the proceedings. (Code 1876,...
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35-6-116
Section 35-6-116 Sale by sheriff; distribution of proceeds by probate judge. If the crops are
ordered sold, the judge of probate must forthwith issue a writ, directed to the sheriff, commanding
him to sell such crops for division, at a place to be designated in the decree and writ; and
thereupon the sheriff must proceed to advertise and sell such crops at the place designated,
in the same manner as he is required to advertise and sell personal property under execution
issuing from the circuit court; and after making the sale, he shall forthwith make due return,
and pay over the proceeds thereof to the judge of probate, who shall distribute the same among
the parties according to their respective interests. If a forthcoming bond has not been executed
under section 35-6-114 and the sheriff is not in possession of the crops, he shall seize the
same for the purpose of making a sale thereof, if in the hands of any of the parties to the
proceedings. (Code 1876, §3526; Code 1886, §3270;...
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35-6-121
Section 35-6-121 Delivery of shares. If all the parties consent in writing, the sheriff, immediately
after division is made, shall deliver to each party his share of the crops; but if such consent
is not given, the crops must be held by him until after the report of the commissioners has
been confirmed, when he shall deliver the same to the parties entitled thereto, unless a supersedeas
bond on appeal is given. (Code 1876, §3529; Code 1886, §3276; Code 1896, §3201; Code 1907,
§5247; Code 1923, §9351; Code 1940, T. 47, §244.)...
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6-10-27
Section 6-10-27 Contest of exemption claim - Delivery of personalty to defendant upon executing
bond; proceedings when bond not forthcoming. (a) When any contest of a claim of exemption
to personal property has been instituted, the defendant claiming the exemption may, within
five days after service of notice of the contest, deliver to the officer making the levy a
bond in double the amount of the value of the property, to be fixed by, and with sureties
to be approved by, the officer, payable to the plaintiff and conditioned that if the defendant
is not successful in the contest, he or she will, within 30 days thereafter, deliver the property
to such officer and will pay all costs and damages that may result from its detention. Thereupon,
the property shall be delivered to the defendant. (b) If the defendant fails to deliver such
bond within the five days allowed him or her and the plaintiff shall, within five days thereafter,
deliver to the officer a bond in the amount, and with the...
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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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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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6-6-253
Section 6-6-253 Interpleader by defendant of adverse claimant of property; force and effect
of bonds given. (a) If the defendant in a detinue action interpleads a claimant of the property
and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if
the defendant has retained possession of the chattels, giving bond, the court may order the
chattels to be delivered to such claimant on his giving bond with sufficient surety, to be
approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant
with condition that if he is not successful in the action he will, within 20 days thereafter,
deliver the chattels and pay all such damages as may be assessed for the detention thereof
and all costs adjudged against him. If such person refuses or neglects to give such bond for
three days after service of his first pleading or motion in the action, the chattels must
be delivered to the plaintiff on his giving bond with sufficient surety, to be...
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37-2-60
Section 37-2-60 Measure of damages for loss, injury, or delay in delivery, etc. In all cases
of loss, destruction, injury to, delay in delivering or failure to deliver property, chattels
or goods of any character to the person entitled thereto by a transportation company, having
received the same for shipment in accordance with the contract of shipment, such transportation
company shall be liable to the person having the title to such property, chattels, or goods,
when lost or destroyed, for the market value of such chattels, property, or goods at the place
of destination, at the time and in the condition they should have been delivered, with interest
from the time they should have been delivered; and where injured, for the damages caused thereto,
less the amount of freight charges due for their transportation, with interest from the time
they should have been delivered uninjured; and in case of delay beyond a reasonable time,
the difference in the value of the goods when they should...
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7-2A-527
Section 7-2A-527 Lessor's rights to dispose of goods. (1) After a default by a lessee under
the lease contract of the type described in Section 7-2A-523(1) or 7-2A-523(3)(a) or after
the lessor refuses to deliver or takes possession of goods (Section 7-2A-525 or 7-2A-526),
or, if agreed, after other default by a lessee, the lessor may dispose of the goods concerned
or the undelivered balance thereof by lease, sale, or otherwise. (2) Except as otherwise provided
with respect to damages liquidated in the lease agreement (Section 7-2A-504) or otherwise
determined pursuant to agreement of the parties (Sections 7-1-302 and 7-2A-503), if the disposition
is by lease agreement substantially similar to the original lease agreement and the new lease
agreement is made in good faith and in a commercially reasonable manner, the lessor may recover
from the lessee as damages (i) accrued and unpaid rent as of the date of the commencement
of the term of the new lease agreement, (ii) the present value,...
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6-11-3
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's fees;
periodic payments over period of years; specific findings; evidence of financial ability to
make payments; evidence of present value inadmissible. Where the damages assessed against
a defendant by the trier of fact include an award of future damages, the trial court shall
comply with the following in rendering its judgment in the case: (1) Judgment shall be entered
against the defendant for all past damages and punitive damages assessed against the defendant
by the trier of fact. (2) If the award of future damages assessed by the trier of fact is
$150,000 or less, the trial court shall enter judgment against the defendants for the amount
of such future damages. (3) If the award of future damages assessed by the trier of fact is
greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall
be entered against the defendant for $150,000 of such future damage. b. If,...
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