40-10-22
Section 40-10-22 Costs - When land bid in for state. The cost of advertising the caption and
conclusion of notices for the sale of real estate for the payment of taxes, and so much thereof
as pertain to those portions of such real estate as are bid off for the state, must be paid
by the state, and the Comptroller shall after every such sale and after the collector has
filed with the Comptroller the certificates of sale and purchases by the state, audit the
account of the owner or proprietor of the newspaper in which such notices were published and
shall draw his warrant on the Treasurer in favor of such owner or proprietor for the amount
he may find to be lawfully due him, and payable by the state, and the Treasurer shall pay
the same; but the state shall pay no other costs attending any tax sale. (Acts 1935, No. 194,
p. 256; Code 1940, T. 51, §268.)...
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6-6-600
Section 6-6-600 Judgment - Excluding defendant from office or franchise or prohibiting practice
of profession. When a defendant, whether a natural person or a corporation, against whom such
action has been commenced, is adjudged guilty of usurping or intruding into, or unlawfully
holding or exercising, any office or franchise or unlawfully practicing any profession, judgment
must be entered that such defendant be excluded from the office or franchise or be prohibited
from practicing such profession and that the plaintiff recover costs against such defendant.
Execution shall be issued on such judgment at the expiration of five days from the date thereof,
unless the defendant shall, within such time, take an appeal to the supreme court. Any violation
of any such order shall be a contempt of court. (Code 1852, §2665; Code 1867, §3093; Code
1876, §3433; Code 1886, §3178; Code 1896, §3432; Code 1907, §5465; Code 1923, §9944;
Code 1940, T. 7, §1148.)...
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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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43-2-84
Section 43-2-84 Bond of applicant when administration committed to general administrator or
sheriff. (a) When administration is committed to the general administrator or sheriff, on
the application of a third person, such letters must not be granted unless such person enters
into bond, with surety, to be approved by the judge, to pay the fees and allowances made by
the court on such administration, if the property of the estate is insufficient therefor.
(b) If, upon the settlement of an administrator appointed under subsection (a), it appears
that sufficient assets of his intestate have not come to his hands to pay the costs and expenses
legally incurred in his administration, the probate court having jurisdiction of such administration
may enter a judgment and thereon issue execution against the obligors in the bond mentioned
in subsection (a), for any excess due above the assets in the hands of such administrator.
(Code 1852, §1691; Code 1867, §§2011, 2012; Code 1876, §§2373,...
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26-8-51
Section 26-8-51 Sale of property to effect removal thereof from state - Disposition of proceeds
from sale; compensation of commissioner. The commissioner must, as soon as practicable after
the receipt of the purchase money for the property sold by him or her, pay the same to the
judge of probate or register or clerk, as the case may be, of the court ordering the sale,
and such money must be retained and safely kept by such judge or register or clerk until the
sale has been duly confirmed or vacated. If the sale is vacated, the purchase money must be,
by such judge or register or clerk, returned to the purchaser. If the sale is confirmed, such
money must be by such officer paid over to the foreign conservator entitled to receive the
same, after deducting therefrom the costs and expenses attending the sale, including compensation
to the commissioner in the amount of two and one-half percent upon the proceeds of such sale,
but in no case more than $100. (Code 1896, §2385; Code 1907,...
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40-10-15
Section 40-10-15 How sale made; duties of judge of probate. Such sales shall be made in front
of the door of the courthouse of the county at public outcry, to the highest bidder for cash,
between the hours of 10:00 A.M. and 4:00 P.M., and shall continue from day to day until all
the real estate embraced in the decree has been sold. The judge of probate must attend such
sales and make a record thereof in a book to be kept by him in his office for that purpose,
in which he shall describe each parcel of real estate sold and state to whom sold, the price
paid by the purchaser, the date of sale and, if no sale was effected, stating that fact, and
the reason thereof, and also in separate columns the amounts, as taken from the book or docket
in which the decrees are entered, of each kind of tax penalties and of the fees and costs
in each case, and he must also enter in such docket, in each case, the land sold under the
decree in that case, the purchaser thereof and the amount at which it was...
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6-6-280
Section 6-6-280 Election to proceed by action of ejectment or action in nature of ejectment;
proceedings upon action in nature of ejectment. (a) A plaintiff commencing an action for the
recovery of lands or the possession thereof has an election to proceed by an action of ejectment
or by an action in the nature of an action of ejectment as is provided in subsection (b) of
this section. (b) An action for the recovery of land or the possession thereof in the nature
of an action in ejectment may be maintained without a statement of any lease or demise to
the plaintiff or ouster by a casual or nominal ejector, and the complaint is sufficient if
it alleges that the plaintiff was possessed of the premises or has the legal title thereto,
properly designating or describing them, and that the defendant entered thereupon and unlawfully
withholds and detains the same. This action must be commenced in the name of the real owner
of the land or in the name of the person entitled to the possession...
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11-99A-11
Section 11-99A-11 Assessment of district land. For the payment of all or any part of the costs
of improvements and the costs referenced in Sections 11-99A-2(6)(v) and (w) and 11-99A-15(c),
a district may petition the appointing government for the assessment of all or any part of
that land within the district which is specifically benefited or increased in value by such
improvements in accordance with the following procedure: (1) The board shall prepare plans
for the acquisition, construction, or installation of the improvements. The plans shall include:
a. A reasonable description of the nature and location of the improvements. b. An estimate
of the costs of the improvements, which may include the costs referenced in Section 11-99A-2(6)(v)
and (w) and Section 11-99A-15(c). c. A description or designation of the land upon which the
assessment shall be levied, which may be made in a manner provided in Section 11-99A-4(a)(2).
d. The manner in which, or the methodology by which, the...
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12-19-54
Section 12-19-54 Proceedings for retaxation of excessive costs in probate courts. (a) If the
taxation of costs by a probate court is excessive by charging the costs of witnesses who were
not examined, by charging costs to an improper party or by taxing costs contrary to law, the
party aggrieved may move the court for a retaxation, setting forth the particulars in which
the clerk has erred. This section shall apply to costs taxed in probate courts in all cases
and proceedings where such courts have jurisdiction, and any aggrieved party to any case or
proceeding may move the circuit court in the county where such case or proceeding is pending
for a retaxation of such costs, setting forth the particulars wherein such probate court costs
were improperly taxed. Such motion may be heard on five days' notice to the officers or persons
claiming said fees or costs, and the same shall be passed on by the judge as other motions
are heard and passed upon. From a judgment or order refusing or...
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12-22-72
Section 12-22-72 Affirmation of stayed judgment - Generally. When a judgment or decree is entered
or rendered for money, whether debt or damages, and the same has been stayed on appeal by
the execution of bond, with surety, if the appellate court affirms the judgment of the court
below, it must also enter judgment against all or any of the obligors on the bond for the
amount of the affirmed judgment, and the costs of the appellate court; and, upon the appeal
of any judgment or decree entered or rendered for any amount of commissions, fees or compensation
fixed or determined by the trial court and taxed or allowed as costs, if the appellate court
affirms the judgment or decree of the court below and the payment thereof has been stayed
on such appeal, judgment shall be entered by the appellate court against all or any of the
obligors on the bond for the amount affirmed, and the costs of the appellate court; provided,
however, that if no supersedeas bond has been executed on such appeal,...
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