6-6-160
Section 6-6-160 Claim of persons not party to writ of execution or attachment, etc., to personal
property levied on; affidavit and bond; delivery of property to claimant. When an execution,
attachment or other like writ, issued from any court or by any officer, is levied on personal
property as to which any person not a party to the writ claims to own the title, legal, or
equitable, or a lien paramount to the right, title, or interest in the property of the defendant
in the writ, such person may try the right to such property before a sale thereof upon making
affidavit by himself, his agent, or attorney, which may be taken by the officer levying the
writ or any officer authorized to administer oaths that he holds such title to, or such lien
upon, the property claimed and executing bond with two good and sufficient sureties, to be
approved by the officer making the levy and payable to the plaintiff in double the value of
the property levied on and claimed, the value thereof to be...
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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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28-3-14
Section 28-3-14 Procedure for collection of due and unpaid taxes and penalties imposed by chapter;
lien for taxes and penalties. If any taxes or penalties imposed by this chapter remain due
and unpaid for a period of 10 days, the board shall issue a warrant of execution directed
to any sheriff of the State of Alabama, commanding him to levy upon and sell the real and
personal property of the taxpayer found within his county for the payment of the amount thereof,
with penalties, if any, and the cost of executing the warrant and to return such warrant to
the board and to pay it the money collected by virtue thereof. Upon receipt of such execution,
the sheriff shall file with the clerk of the circuit court of his county a copy thereof and
thereupon the clerk of the circuit court shall enter in his abstract of judgments the name
of the taxpayer mentioned in the warrant and in proper columns the amount of tax with penalties
and costs for which the warrant is issued and the date and hour...
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6-6-430
Section 6-6-430 Filing of bond; discharge of money or property from garnishment; proceedings
as if bond not executed; judgment; discharge of garnishee. (a) When garnishment has been issued
in aid of a pending action or upon a judgment, the defendant may make and file with the judge
or clerk issuing the garnishment bond in such sum as the judge or clerk may prescribe, not
exceeding twice the amount of the plaintiff's demand, payable to the plaintiff, with sufficient
surety, to be approved by such judge or clerk, conditioned to pay the amount for which the
garnishee may be found indebted or liable to the defendant and the cost of the garnishment.
Thereupon, the money or property in the hands of the garnishee is discharged from the garnishment
and the garnishee relieved of all liability therefor to the plaintiff; but the garnishee must
answer, and, except as is otherwise provided in this article, the case must proceed and be
determined as if such bond had not been executed. (b) If the...
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45-13-120
Section 45-13-120 Compensation; election; oath and bond; office space, equipment; chief clerk;
powers and duties; issuance of licenses; disposition of funds. (a)(1) Effective October 1,
1991, there is hereby created the office of commissioner of licenses. The salary of the commissioner
of licenses shall be in the amount of thirty-six thousand dollars ($36,000) annually. The
annual salary shall be payable in equal biweekly installments from the general funds of the
county, as all other county employees are paid. (2) The office of commissioner of licenses
shall be established upon the occurrence of a vacancy before October 1, 1991, in either the
office of tax assessor or tax collector, then, in that event, the officer remaining after
the office of revenue commissioner is established, shall be the license commissioner for the
remainder of the unexpired term for which he or she was elected as either tax assessor or
as tax collector, as the case may be, and the license commissioner shall be...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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43-2-564
Section 43-2-564 Settlement by sureties of deceased executor or administrator - Execution against
sureties. Execution and all other final process may issue against the said sureties on said
bond to enforce said judgments. (Acts 1915, No. 98, p. 138; Code 1923, §5939; Code 1940,
T. 61, §334.)...
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43-2-154
Section 43-2-154 Purchase of property sold under execution. The executor or administrator of
any decedent may purchase for the estate property sold under any judgment of the circuit court
or under any execution in his favor as such executor or administrator. (Code 1886, §2281;
Code 1896, §350; Code 1907, §2817; Code 1923, §6056; Code 1940, T. 61, §133.)...
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6-6-165
Section 6-6-165 Return - Where execution issued from probate court; trial in circuit court;
return of execution on forfeited bond. (a) If the levy was made under execution issued from
the probate court, the sheriff must return the original execution to the court from which
it issued with an endorsement thereon showing the interposition of the claim, and he must
return a copy of the execution and of the returns thereon, the affidavit and the bond to the
circuit court of his county, where, after 30 days, the trial of the right of property must
be had according to the provisions of this article. (b) If, in the case provided for in subsection
(a) of this section, the bond is forfeited, the execution on the forfeited bond must be made
returnable to the court from which the original process issued, of which and of the time of
its receipt by the sheriff the clerk must give the judge of probate written notice, which
shall be presumptive evidence of the fact against the sheriff. (Code 1852,...
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6-9-83
Section 6-9-83 Levy on property of principal first if execution against sureties. When execution
issues against two or more persons, any of whom were sureties on the contract before the judgment,
the sheriff must levy on the property of the principal first, if any can be found in the county,
on the application of such surety; and he may require of the surety affidavit of the fact
of suretyship, which he must file with the execution. (Code 1852, §2448; Code 1867, §2862;
Code 1876, §3200; Code 1886, §2909; Code 1896, §1907; Code 1907, §4112; Code 1923, §7827;
Code 1940, T. 7, §539.)...
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