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12-21-247
Section 12-21-247 Conditional judgment against defaulting witnesses - Entry. Any witness who
is duly summoned in a criminal case and who fails to appear as commanded shall forfeit $100.00
to the party at whose instance he was summoned, for which a conditional judgment must be entered
against him. (Code 1852, §672; Code 1867, §4224; Code 1876, §4929; Code 1886, §4470; Code
1896, §5294; Code 1907, §7891; Code 1923, §5629; Code 1940, T. 15, §302.)...
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6-6-457
Section 6-6-457 Proceedings on failure to appear and answer. If the garnishee fails to appear
and answer, a conditional judgment must be entered against him for the amount of the plaintiff's
claim, as ascertained by his judgment, to be made absolute unless he appears within 30 days
after notice of the conditional judgment issued by the clerk, to be served on him, as other
process, by the sheriff. If he fails to appear within the time required by the notice served
upon him or if two notices are returned "not found" by the sheriff of the county
in which the garnishment was executed, the judgment must be made absolute. (Code 1852, §2545;
Code 1867, §2973; Code 1876, §3298; Code 1886, §2980; Code 1896, §2195; Code 1907, §4324;
Code 1923, §8075; Code 1940, T. 7, §1019.)...
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12-16-197
Section 12-16-197 Issuance of subpoenas for witnesses for grand jury generally; proceedings
upon failure of witnesses summoned to attend. The district attorney, the foreman of the grand
jury or the clerk of the court, on the application of the grand jury, must issue subpoenas
for any witnesses whom they may require to give evidence before them, and if witnesses so
summoned fail to attend, the subpoenas must be returned to the court, with the default thereon
endorsed, signed by the foreman, and the same proceedings may thereupon be had against them
as against defaulting witnesses, the endorsement of the foreman being presumptive evidence
of the default. (Code 1852, §551; Code 1867, §4101; Code 1876, §4774; Code 1886, §4347;
Code 1896, §5033; Code 1907, §7294; Code 1923, §8676; Code 1940, T. 30, §83.)...
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28-3-242
Section 28-3-242 Procedure for confiscation and sale of goods, etc.; nature of proceedings
against goods, etc.; court proceedings for collection of tax due and assessed. (a) In all
cases of seizure of any goods, wares, merchandise or other property made as being subject
to forfeiture under provisions of this chapter which, in the opinion of the officer or person
making the seizure, are of the appraised value of $50.00 or more, the said officer or person
shall proceed as follows. He shall cause a list containing a particular description of the
goods, wares, merchandise or other property seized to be prepared in duplicate and appraisement
thereof, to be made by three sworn appraisers to be selected by him, who shall be respectable
and disinterested citizens of the State of Alabama, residing within the county wherein the
seizure was made. Said list and appraisement shall be properly attested by said officer or
persons, and said appraisers, for which service each of said appraisers shall...
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13A-12-73
Section 13A-12-73 Sale of forfeited vehicle; rights of bailor, conditional vendor or mortgagee.
The court in condemnation proceedings shall sell the right of all interested persons in and
to said conveyance or vehicle who aided or assisted any such person as described in Section
13A-12-70 in the illegal transportation or who had knowledge or notice thereof, or who had
knowledge of the presence thereof in said vehicle or conveyance, or who could by reasonable
diligence have obtained knowledge or notice thereof. Any bona fide bailor or conditional vendor
or chattel mortgagee who shall, prior to bailing, selling or accepting a mortgage upon such
conveyance or vehicle, make inquiry of the sheriff and chief of police of the county and city
of the residence of such bailee, vendee or mortgagor and of the sheriff and chief of police
of the county and city of the place of business of the bailor, vendor or mortgagee, or of
any recognized or licensed agency which makes a systematic check of court...
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15-13-81
be made absolute against you on the _____ day of _____ of said court, during the session of
said court, unless you then and there appear and show cause against the same. (c) The notice
required by subsection (b) of this section may be executed by the sheriff of any county in
the state and must be returned by the officer executing it, with his proper return thereon
endorsed, on or before the day and date fixed or specified in the notice. (d) If the notice
required by subsection (b) of this section is not served on any of the parties to the undertaking,
such other notices as are necessary may from time to time be issued; but two returns of "not
found" by the proper officer are equivalent to personal service. (Code 1852, §§3691-3694,
3697; Code 1867, §§4254-4257; Code 1876, §§4863-4866; Code 1886, §§4832-4835; Code 1896,
§§4375-4378; Code 1907, §§6355-6358; Code 1923, §§3388-3391; Code 1940, T. 15, §§213-216;
Acts 1949, No. 199, p. 230; Acts 1978, No. 821, p. 1207, §8.)...
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9-9-40
Section 9-9-40 Bonds - Remedies and proceedings upon default. (a) If any installment of principal
and interest evidenced by any bonds issued under the provisions of this article shall not
be paid at the time and in the manner when the same shall become due and payable, the same
shall bear interest at the rate of eight percent per annum until paid, and if such default
shall continue for a period of 60 days, the holder or holders of such bond or bonds upon which
default has been made may have a right of action against said water management district wherein
the court may issue a writ of mandamus against the officers of said district, including the
tax collector, directing the levying of a sufficient tax as provided in this article and the
collection of same in such sum as may be necessary to meet any unpaid installments of principal
and interest and costs of suit and such other remedies are hereby vested in the holder or
holders of such bond or bonds in default as may be authorized by...
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17-16-56
is contested, requiring the party, within five days after the service of the summons, to appear
and make answer to the statement, which summons must be served by the sheriff or by a constable,
if the contest is with respect to the office of sheriff. The contest is triable by the court
without the intervention of a jury and must be heard and tried in precedence of all other
cases, civil or criminal, standing for trial in the court. Either party is entitled to the
writ of subpoena to compel the personal attendance of witnesses on the trial of the
contest, and against defaulting witnesses such proceedings may be had as against other defaulting
witnesses in civil cases pending in the court. Testimony may also be taken by depositions
in the case, and in like manner as depositions are taken in other civil cases. (Code 1896,
§1696; Code 1907, §470; Acts 1911, No. 202, p. 195; Code 1923, §559; Code 1940, T. 17,
§245; §17-15-29; amended and renumbered by Act 2006-570, p. 1331, §83.)...
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34-1-14
Section 34-1-14 Hearings; judicial review. (a) Commencement of proceeding. The board may initiate
proceedings under this chapter either on its own motion or on the complaint of any person.
(b) Notice; service and contents. A written notice stating the nature of the charge or charges
against the accused and the time and place of the hearing before the board on such charges
shall be served on the accused not less than 30 days prior to the date of said hearing either
personally or by mailing a copy thereof by registered or certified mail to the address of
the accused last known to the board. (c) Failure to appear. If, after having been served with
the notice of hearing as provided for herein, the accused fails to appear at said hearing
and defend, the board may proceed to hear evidence against him or her and may enter such order
as shall be justified by the evidence, which order shall be final unless he or she petitions
for a review thereof as provided herein; provided, that within 30...
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36-11-10
Section 36-11-10 Proceedings in Supreme Court - Summoning and examination of witnesses generally;
appointment and duties of examiners; conduct of trial. In all original proceedings commenced
under this chapter in the Supreme Court, either party shall have compulsory process to compel
the attendance of witnesses, to be issued by the clerk of the court and served by the marshal
of the court or by any sheriff of the state. Such witnesses shall be sworn and examined on
the trial in open court. The examination of such witnesses shall be conducted and defaulting
witnesses shall be subject to similar proceedings and penalties as in criminal cases in the
circuit court; but, on the written consent of the defendant, the court or a justice thereof,
in term time or vacation, may appoint one or more examiners, whose duty it shall be, jointly
or severally, as may be directed in the order of appointment, to take and certify by such
day as may be fixed in the order of appointment the evidence against...
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