6-6-120
Section 6-6-120 In aid of pending action. When an action has been commenced by the filing of
a complaint, whether a summons has been executed or not, the plaintiff, his agent, or attorney
may, at any time before judgment, sue out an attachment in aid of such action, upon making
affidavit and giving bond, as is required in the issue of original attachments, and all proceedings
on such attachments must be conducted as are proceedings on original attachments. Such attachment
may be sued out in any case in which an original attachment may be sued out and may be issued
by the officer having authority to issue original attachments. (Code 1852, §§2566, 2567;
Code 1867, §§2994, 2995; Code 1876, §§3319, 3320; Code 1886, §2967; Code 1896, §558;
Code 1907, §2958; Code 1923, §6206; Code 1940, T. 7, §879.)...
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12-11-41.1
Section 12-11-41.1 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration of any estate
may be removed from the probate court to the circuit court pursuant to Section 12-11-41 at
any time before a proceeding for final settlement thereof is commenced in probate court by
any heir, devisee, legatee, distributee, executor, administrator, or administrator with the
will annexed of the estate, without assigning any special equity. The circuit court shall
remand the administration of an estate transferred pursuant to this section to the probate
court if the circuit court finds that the removal was sought for the purpose of improper delay
or did not comply with applicable law. The circuit court may remand the administration of
an estate pursuant to this section to the probate court if the circuit court finds that any
of the following apply: (1) The circuit court has issued a final order or...
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35-2-51
Section 35-2-51 Certification, acknowledgment, and recordation of plat or map; copies as evidence;
conveyance. (a) The plat or map having been completed shall be certified by the surveyor,
which certificate must also be signed by the owner, his duly authorized agent or attorney,
executor, administrator, or guardian and acknowledged by such owner, agent, or attorney, in
the same manner in which deeds are required to be acknowledged. The plat or map, together
with the certificate of the surveyor and acknowledgment, shall be recorded in the office of
the judge of probate in the county in which the lands are situated, in a suitable book to
be kept for that purpose; and such acknowledgment and record shall have like effect and certified
copies thereof and of such plat or map may be used in evidence to the same extent and with
like effect as in the case of deeds. (b) The acknowledgment and recording of such plat or
map shall be held to be a conveyance in fee simple of such portion of the...
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43-2-455
Section 43-2-455 Advertisement of sale. When the application for the sale of land for the payment
of debts or division is granted and the land directed to be sold, the executor or administrator
must give notice of the day, place and terms of sale, and a description of the property to
be sold, by advertisement for three successive weeks in some newspaper published in the county
where the sale is to take place; and in case of a sale of lands lying in one body, but in
more than one county, such notice must be given in each of the counties. If there is no such
paper published in the county or in any county in which notice is required to be given, then,
as to the county having no such paper, the notice must be given by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this section, the court may direct the giving of notice by printed handbills or posters,
to be distributed and posted in the manner best calculated to give...
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6-10-36
Section 6-10-36 Contest of exemption claim - Assessment of value of property and damages resulting
from detention on bond; judgment and execution on bond. When bond has been executed by the
plaintiff or defendant for the forthcoming of the property in contest, the value of the property,
and the damages resulting from its detention must be assessed by the court or jury trying
the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property
and pay the damages as required by the condition of the bond, it shall be the duty of the
sheriff to make due return of that fact; and, upon such return being made, the bond shall
have the force and effect of a judgment, and execution may issue thereon against the obligors
on the bond for the value of the property and the damages assessed, or either, and costs.
(Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code 1923, §7907;
Code 1940, T. 7, §650.)...
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6-9-143
Section 6-9-143 Liability of purchaser for not complying with terms of sale; form of action
against purchaser. (a) Any person who may become the purchaser of any real or personal estate
at any sale which may be made at public outcry by an executor, administrator or guardian or
by any sheriff or other officer under and by virtue of any execution or other legal process
and who shall fail or refuse to comply with the terms of such sale when requested so to do
shall be liable for the amount of such purchase money, and it shall be at the option of such
sheriff or other officer either to proceed against such purchaser for the full amount of the
purchase money or to resell such real or personal estate and then proceed against the first
purchaser for the deficiency arising from such sale. (b) The action provided for in subsection
(a) of this section may be commenced in the name of the sheriff or other officer making the
sale for the use of the plaintiff or defendant in execution or for any...
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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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6-6-459
Section 6-6-459 Contest of answer by defendant. The defendant, upon the coming in of the answer,
may, within 30 days after notice of the filing of the answer, allege that the garnishee is
indebted to him in a larger sum than he has admitted, is otherwise liable to him on a demand,
the subject of garnishment, or that he holds money or effects of the defendant not admitted
in his answer, which, being reduced to writing setting forth particularly in what respect
the answer is deficient and being sworn to, an issue must thereupon be made up, under the
direction of the court, which must be tried by a jury if required by either party; but such
controversy shall not prevent the plaintiff from taking judgment upon the answer of the garnishee.
(Code 1852, §2547; Code 1867, §2975; Code 1876, §3300; Code 1886, §2982; Code 1896, §2197;
Code 1907, §4326; Code 1923, §8077; Code 1940, T. 7, §1021.)...
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8-33-3
Section 8-33-3 Compliance. (a) No vehicle protection product may be sold or offered for sale
in this state unless the seller, warrantor, and administrator, if any, comply with the provisions
of this chapter. (b) Vehicle protection product warrantors and related vehicle protection
product sellers and warranty administrators complying with this chapter are not required to
comply with and are not subject to any other provision of the Alabama Insurance Code. (c)
Service contract providers who do not sell vehicle protection products are not subject to
the requirements of this chapter and sales of vehicle protection products are exempt from
the requirements of Chapter 32. (d) Warranties, indemnity agreements, and guarantees that
are not provided as a part of a vehicle protection product are not subject to this chapter.
(Act 2006-600, p. 1638, §3.)...
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35-11-227
Section 35-11-227 Actions by employees, etc.; defense by contractor. (a) If the action is by
an employee of the contractor, or by any person who has furnished to him material for the
building or improvement, the contractor shall be a necessary party defendant thereto; and
in such action on motion of the plaintiff, the owner or proprietor may be cited to answer
under oath how much was owing by him to the contractor on his contract with such contractor,
at the time of the service on him of the notice required by Section 35-11-218; and such answer
may be controverted, and proceedings had and judgment entered as in garnishment cases. (b)
When the lien is sought to be enforced by any person other than the contractor, it shall be
the duty of the contractor to defend the action at his own expense; and after notice of an
intention to file a statement of the lien, and pending the action, the owner or proprietor
may withhold from the contractor money sufficient to cover the amount claimed, and...
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