35-9-100
Section 35-9-100 When reasonable satisfaction may be recovered. A reasonable satisfaction may
be recovered for the use and occupation of land: (1) When there has been a demise by deed
or by parol, and no specific sum agreed on as rent. (2) When the defendant has been let into
possession upon a supposed sale of the lands, which, from the act of the defendant, has not
been consummated. (3) When the tenant remains on the land by sufferance of the owner. When,
after a demise, the tenant, having had 30 days' previous notice, holds over without the consent
of his landlord, he shall pay to such landlord double the value of the customary rent of the
property so withheld. (4) When the defendant has gone in possession of the land unlawfully.
The owner of the land has a lien upon the same property of the defendant, and to the same
extent as the landlord has under section 35-9-30 or section 35-9-60, which may be enforced
by attachment as provided in section 35-9-61 or section 35-9-34, as may be...
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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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12-21-111
Section 12-21-111 Verified itemized statement as evidence of account's correctness. In all
actions upon accounts, an itemized statement of the account, verified by the affidavit of
a competent witness, taken before and certified by, a notary public or any officer having
authority under the laws of this or another state to take and certify affidavits, is competent
evidence of the correctness of the account if the plaintiff, at the time of bringing his action,
files with his complaint such verified itemized statement and endorses on the complaint the
fact that the account is verified by affidavit. Unless the defendant, within the time allowed
him for pleading, files in the case an affidavit denying on information and belief the correctness
of the account, which affidavit of the defendant shall state whether or not the defendant
denies liability and whether or not he disputes the whole account or only a part or parts
or an item or items thereof (if defendant disputes only a part or parts...
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35-9-39
Section 35-9-39 Levy upon crop of subtenant. When lands are cultivated by a subtenant, and
an attachment or other process is sued out by the superior landlord, or his assignee, for
the purpose of enforcing his lien for rent and advances, or either, the crop of the tenant
in chief must first be exhausted, before levy is made on the crop of the subtenant; but if
the tenant in chief makes no crop, or if the crop made by him is not sufficient to satisfy
the plaintiff's demand, then a sufficient amount of the crop of the subtenant may be levied
on to supply the deficiency; and any levy made in violation of this section may be vacated
on motion, at the first session of the court thereafter. (Code 1876, §3476; Code 1886, §3066;
Code 1896, §2713; Code 1907, §4744; Code 1923, §8810; Code 1940, T. 31, §25.)...
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6-10-25
Section 6-10-25 Declaration of claimed exemptions - Contesting of claims. A plaintiff, in person
or by his or her agent or attorney, may contest a claim of exemption after a declaration thereof
has been filed by making and filing with the officer holding the process an affidavit that,
in his belief, either the claim is invalid entirely or it is invalid in part or is excessive,
specifying wherein such invalidity or excess consists, and if excessive, also specifying the
property alleged to be in excess, to be, in all cases, the last named in the claim. If the
claim is of personal property, he or she must also deliver to the officer a bond in double
the value of the property sought to be levied on, with sureties to be approved by the officer,
payable to the defendant claiming the exemption and conditioned that if the plaintiff fails
in the contest, he or she will pay the defendant all such costs and damages as he or she may
sustain by reason of the wrongful institution of the contest....
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6-5-284
Section 6-5-284 Instrument lost or destroyed by theft, etc.; evidence of loss, destruction
and contents; execution bond. (a) In an action commenced on a bond, note, bill of exchange,
or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is
made by the plaintiff of such loss or destruction and the contents thereof and that the same
has not been paid or otherwise discharged and accompanies the complaint, it must be received
as presumptive evidence both of the contents and loss or destruction of such instrument, unless
the defendant by answer, verified by affidavit, denies the execution of such bond, note, or
bill or the endorsement, acceptance, or the contents thereof, in which case proof of such
execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that
this section must not be so construed as to authorize an action for the recovery of bank notes
or bills issued to circulate as money and alleged to be lost or...
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12-19-50
Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs; issuance
of execution against sheriff, etc., failing to return, levy, or collect execution issued against
plaintiff or appellant for costs. (a) The Clerk of the Supreme Court, clerks of the courts
of appeals, clerks of the circuit courts and probate judges, upon return of an execution "no
property found" against the defendant by the proper officer of the county in which the
judgment was entered, or, if the execution is from the Supreme Court or courts of appeals,
of the county from which the case was brought, may issue execution against the plaintiff or
appellant, as the case may be, for the costs actually created by the plaintiff or appellant,
but for none other, to be collected and returned as other executions. (b) Judgment may be
entered on motion in the circuit court of such county, in the name of the clerk or probate
judge issuing the execution, against the sheriff or his sureties, or either of...
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27-11-5
Section 27-11-5 Secretary of State as agent for service of process on insurer; service of process;
attachment of jurisdiction; fees for service. (a) Any insurer not qualified under the laws
of this state to transact the business of insurance as evidenced by a license or certificate
of authority from the Commissioner of Insurance which shall transact, or attempt to transact,
the business of insurance in this state or which shall do, or attempt to do, any of the acts
and occurrences set out in Section 27-11-3 shall, by the doing of such business or the performing
or attempting to perform any of such acts, be deemed to have appointed the Secretary of State,
or his successor or successors in office, to be the true and lawful attorney or agent of such
insurer whom process may be served in any action accrued or accruing from the transacting
of such business or the performing of such act by any such insurer, or by its agent, servant,
or employee. Service of such process shall be made by...
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6-6-141
Section 6-6-141 Filing of complaint in actions begun by attachment - Issuance and service of
summons; default judgment. (a) Whenever a complaint is filed in an action begun by attachment,
whether at the time of suing out the attachment or subsequently thereto, a summons shall issue
upon the complaint in all respects, and with the same effect as if the action had been begun
by complaint. The issuance and service of such a summons shall in no manner affect the levy
or lien of the attachment or the enforcement thereof. (b) If the defendant appears and pleads,
the case proceeds as in actions commenced by complaint. If he fails to appear or, appearing,
fails to plead within the time required by law, the plaintiff may take judgment by default,
and the court may determine the amount of damages pursuant to the Alabama Rules of Civil Procedure,
if necessary. (Code 1852, §2572; Code 1867, §3000; Code 1876, §3325; Code 1886, §2996;
Code 1896, §562; Code 1907, §§2962, 2963; Code 1923,...
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6-6-351
Section 6-6-351 Writs of restitution or possession - Suspension upon payment of rent by defendant.
(a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure,
in cases of forcible entry or unlawful detainer, an appeal to circuit court or to appellate
court does not prevent the issue of a writ of restitution or possession unless the defendant
pays to the clerk of the district court all rents called for under the terms of the lease,
since the date of the filing of the action and continues to pay all rent that becomes due
and payable under the terms of the lease as they become due, during the pendency of the appeal,
and the sums are to be ascertained by the judge. (b) If the defendant should fail to make
any payments as they become due under subsection (a), the court shall issue a writ of restitution
or possession and the plaintiff shall be placed in full possession of the premises. (c) Upon
disposition of the appeal, the court shall direct the clerk as to...
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