6-9-27
Section 6-9-27 Execution against plaintiff for costs. When execution against the defendant
is returned "no property found," execution may issue against the plaintiff, in the
name of the clerk or the register of the court, for all the costs created by him in obtaining
his judgment. (Code 1852, §2431; Code 1867, §2846; Code 1876, §3188; Code 1886, §2891;
Code 1896, §1889; Code 1907, §4090; Code 1923, §7805; Code 1940, T. 7, §518.)...
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8-3-10
Section 8-3-10 Control of judgment by endorser upon payment of debt. (a) Every endorser who
shall pay off and discharge the debt on which he is endorser, either pending the action or
after judgment, whether the judgment be joint against the principal and all the endorsers
or several against such, shall be entitled to control the judgment and execution founded thereon
against the principal and all prior endorsers in the same manner, upon the same proof and
under the same circumstances as provided in the case of sureties. (b) If such endorser shall
collect the same of a prior endorser, such prior endorser shall have the same control of the
judgment or judgments against the principal or any endorser prior to him. (Code 1907, §5393;
Code 1923, §9552; Code 1940, T. 9, §86.)...
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9-17-16
Section 9-17-16 Injunctions - Issuance against board, etc. (a) No temporary restraining order
or injunction of any kind shall be granted against the board or the members thereof or against
the Attorney General or any district attorney or against any agent, employee or representative
of the board restraining the board or any of its members or any of its agents, employees or
representatives or the Attorney General or any district attorney, from enforcing any of the
provisions of this article or any rule, regulation or order made under this article, except
after due notice to the members of the board and to all other defendants and after a hearing
at which it shall be clearly shown to the court that the act done or threatened is without
sanction of law and, if enforced against the complaining party, will cause an irreparable
injury. The judgment or order of the court granting temporary injunctive relief shall state
the nature and extent of the probable invalidity of any provision of this...
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15-13-81
Section 15-13-81 Conditional judgment - Entry; notice to defendant; execution and return of
notice; alias notices. (a) When an undertaking of bail is forfeited by the failure of the
defendant to appear as required, except when money is deposited instead of bail, a conditional
judgment must be entered by the court in favor of the state against the parties to the undertaking
for the sum thereon expressed, which judgment may be substantially as follows: The State)
vs.) A.B.) Indictment for assault and battery (or other offense, as the case may be). It appearing
to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of
Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared
at the time and place mentioned and fixed in the bond or undertaking to answer in this case;
and the said A. B. having failed to appear at the time and place mentioned in the bond or
undertaking, it is therefore ordered that the State of Alabama recover...
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15-6-42
Section 15-6-42 Examination anew on appeal; disposition of case; costs. The court to which
an appeal is prosecuted under the provisions of this article must examine the case anew and
may confirm the order of the judge, discharge the appellant or require him to enter into a
new undertaking, with sufficient sureties, to keep the peace in such sum and for such term
as the court thinks proper, and it may make such order in relation to the costs of the prosecution
as seems just, which may be enforced by execution. (Code 1852, §422; Code 1867, §3971; Code
1876, §4041; Code 1886, §4695; Code 1896, §5176; Code 1907, §7535; Code 1923, §5153;
Code 1940, T. 15, §416.)...
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43-2-292
Section 43-2-292 Additional bond may be required; removal for default. An executor or administrator
may also be required to give additional bond and, in default thereof, may be removed and his
letters revoked, in the following cases: (1) When it is shown to the court by his sureties,
or either of them, that he has become, or is likely to become, insolvent, and that they have
sustained, or probably will sustain, loss thereby. (2) When his letters have been granted
on insufficient security, or the security has become insufficient since the grant, or any
of his sureties have died or have removed from the state. (3) When the penalty of the bond
is not sufficient to secure the due performance of the trusts committed to him. (Code 1852,
§1697; Code 1867, §2018; Code 1876, §2387; Code 1886, §2046; Code 1896, §93; Code 1907,
§2567; Code 1923, §5790; Code 1940, T. 61, §180.)...
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43-2-465
Section 43-2-465 Right of purchaser to cite executor or administrator to report sale. (a) If
the executor or administrator fails, within the time required by law, to report any sale of
lands made by him under the provisions of this article, the purchaser, or his heirs, or any
other person claiming under him directly or derivatively, may, on motion in the probate court,
have citation to issue to such executor or administrator, citing him to appear within 20 days
from the date of the service of the citation, and report the sale; and if such executor or
administrator is then a nonresident of the state, or his place of residence is unknown to
the party asking for the citation, the court, on affidavit being made of either of these facts,
must cause service of such citation to be made by publication, once a week for three successive
weeks, in some newspaper published in the county, or if none is published therein, in the
newspaper published nearest to the courthouse of such county. (b) If...
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43-2-47
Section 43-2-47 Special administrator ad colligendum. (a) The judge of probate may, in any
contest respecting the validity of a will, or for the purpose of collecting the goods of a
deceased, or in any other case in which it is necessary, appoint a special administrator,
authorizing the collection and preservation by him of the goods of the deceased until letters
testamentary or of administration have been duly issued. (b) Every such special administrator
has authority to collect the goods and chattels of the estate and debts of the deceased, to
give receipts for moneys collected, to satisfy liens and mortgages paid to him and to secure
and preserve such goods and chattels at such expense as may be deemed reasonable by the probate
court; and for such purposes, he may maintain civil actions as administrator. (c) Such special
administrator may also, under the direction of the probate court, sell such goods as are perishable
or wasting, after the same have been appraised, upon such notice...
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43-2-558
Section 43-2-558 Setting aside decree. If, however, such executor or administrator or, if dead,
his personal representative or, in event of his removal from the state, his sureties appear
and file his accounts and vouchers for settlement and pay such costs as have accrued upon
the proceedings had under sections 43-2-555 through 43-2-557, the court may set aside such
decree and proceed as if none had been rendered. (Code 1886, §2181; Code 1896, §249; Code
1907, §2700; Acts 1923, No. 492, p. 655; Code 1923, §5933; Code 1940, T. 61, §328.)...

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43-2-580
Section 43-2-580 When legatee or widow entitled to compel payment. After the expiration of
six months from the grant of letters testamentary, or of administration, with the will annexed,
if there are more than sufficient assets in the hands of such executor or administrator to
pay the debts of the deceased, any legatee may apply to the probate court of the county in
which letters were granted to compel the payment of his legacy; and a widow who has dissented
from her husband's will or her personal representative, if she is dead, shall have like remedy
to compel the payment of the distributive share to which she may be entitled. (Code 1852,
§1772; Code 1867, §2098; Code 1876, §2475; Code 1886, §2192; Code 1896, §260; Code 1907,
§2736; Code 1923, §5975; Acts 1931, No. 726, p. 841; Code 1940, T. 61, §335.)...
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