6-6-392
Section 6-6-392 Bond required when garnishment in aid of pending action; exception as to Superintendent
of Banks. When the garnishment is in aid of a pending action, the plaintiff, his agent or
attorney must also give bond in double the amount claimed in the action, with sufficient surety,
to be approved by the officer issuing the writ, with condition that the plaintiff will prosecute
the garnishment to effect and pay the defendant all such damages as he may sustain from the
wrongful or vexatious suing out of such garnishment; and such bond, as to actions thereon,
is subject to the provisions of this code relating to actions on attachment bonds; provided,
however, that the Superintendent of Banks of the State of Alabama shall not be required to
give bond when garnishment is issued in aid of a pending action, which action is based on
a promissory note owned by a bank in the process of liquidation. Such Superintendent of Banks
or the liquidating agent of such bank in liquidation shall,...
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43-2-85
Section 43-2-85 Bond of general administrator. The general administrator of a county must give
bond, with at least two sufficient sureties or a sufficient guaranty or surety company, in
an amount to be prescribed by the judge of probate sufficient to secure all persons interested,
payable to the judge of probate and conditioned faithfully to administer all estates which
may come to his charge as such general administrator, which bond must be approved by such
judge. (Code 1852, §1689; Code 1867, §2009; Code 1876, §2371; Code 1886, §2028; Code 1896,
§70; Code 1907, §2536; Code 1923, §5758; Code 1940, T. 61, §135.)...
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6-6-45
Section 6-6-45 Execution of bond by plaintiff; discharge of levy. Such officer must, when the
attachment is sued out otherwise than upon the ground that the defendant is a nonresident,
further require the plaintiff, his agent, or attorney to execute a bond in double the amount
claimed, with sufficient surety, payable to the defendant, with the condition that the plaintiff
will prosecute the attachment to effect and pay the defendant all such damages as he may sustain
by the wrongful or vexatious suing out of such attachment. When the attachment is sued out
upon the ground that the defendant is a nonresident, such officer shall issue the writ with
or without a bond being given, as the plaintiff may elect. If such attachment is issued without
bond, that fact must be endorsed on the writ. Should the defendant before the return day thereof,
in person or through his agent or attorney, make an unqualified appearance in the case, it
is the duty of the clerk to issue notice to the plaintiff or...
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26-2A-139
Section 26-2A-139 Bond. (a) The court must require a conservator to furnish a bond payable
to the judge of probate conditioned upon faithful discharge of all duties of the trust according
to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in
the amount of the aggregate capital value of the property of the estate in the conservator's
control, plus one year's estimated income, and minus the value of securities deposited under
arrangements requiring an order of the court for their removal and the value of any land which
the fiduciary, pursuant to Section 26-2A-152(d), lacks power to sell or convey without court
authorization. The court, in lieu of sureties on a bond, may accept other collateral for the
performance of the bond, including a pledge of securities or any other assets or a mortgage
of land. (b) The court may at any time reduce the bond of the conservator or require the conservator
to provide additional or larger bond as may seem to be proper...
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35-9-62
Section 35-9-62 Affidavit and bond. Before such attachment is issued, the plaintiff, or his
agent or attorney, must make affidavit, setting forth the amount that is, or will be, due
for the rent, that one of the causes for issuing an attachment prescribed in Section 35-9-61
exists, and that the attachment is not sued out for the purpose of vexing or harassing the
defendant; and must also execute a bond in double the amount claimed, payable to the defendant,
with sufficient surety, and with condition that the plaintiff will prosecute the attachment
to effect, and pay the defendant all such damages as he may sustain from the wrongful or vexatious
suing out of such attachment. (Code 1886, §3071; Code 1896, §2718; Code 1907, §4749; Code
1923, §8816; Code 1940, T. 31, §31.)...
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18-1A-284
Section 18-1A-284 Judgment not suspended by appeal if damages paid into probate court and bond
given. No appeal shall suspend the judgment or deprive the applicant of the right of entry,
provided the amount of the damages assessed for the parties who appeal or against whom an
appeal is taken shall have been paid into probate court in money and a bond shall have been
given in double the amount of such damage, with good and sufficient surety, to pay such damages
as the property owners may sustain. Said amount of damages may be paid into probate court
and said bond in double the amount of such damage, with good and sufficient surety, may be
given at the time of taking the appeal or at any time thereafter that the applicant may desire
the right of entry pending the appeal. (Acts 1985, No. 85-548, p. 802, §1615.)...
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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35-6-124
Section 35-6-124 Appeals. Any of the parties, within 10 days thereafter, may appeal to the
circuit or Supreme Court from the decree of partition or sale, or from a decree confirming
or setting aside the commissioners' report, under the regulations governing appeals in other
cases from decrees of the probate court to the circuit or Supreme Court; and such decree may
be superseded pending the appeal by the appellant, on giving bond in double the amount of
the value of the interests of the other parties in the crops, with sufficient surety, to be
approved by the judge of probate, and with condition to have the crops forthcoming to abide
the decree to be finally rendered in the cause, and in the event of his failure to do so,
to pay all costs and damages arising therefrom. (Code 1876, §3530; Code 1886, §3279; Code
1896, §3204; Code 1907, §5250; Code 1923, §9354; Code 1940, T. 47, §247.)...
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36-5-11
Section 36-5-11 Qualifications and sufficiency of sureties generally. All personal sureties
on official bonds must be residents of the state, and the aggregate value of their property,
real and personal, not exempt from debts and other liabilities and in excess of their debts
and liabilities must equal the penalty of the bond, and such property must be within the state.
If the duties of the office of the principal are limited to a single county, the sureties
must be residents of that county, and their property must be therein situated. (Code 1876,
§§164, 166; Code 1886, §262; Code 1896, §3075; Code 1907, §1488; Code 1923, §2600; Code
1940, T. 41, §41.)...
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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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