2-17-19
Section 2-17-19 Condemnation proceedings generally; disposition of condemned animals or articles;
payment of costs, fees and expenses, etc. (a) Any carcass, part of a carcass, meat or meat
food product or poultry food product of any of the animals or birds subject to inspection
under this chapter or any such animal or bird that is dead, dying, disabled or diseased that
is being transported in intrastate commerce or is held for sale in this state after such transportation
and that is or has been prepared, sold, transported or otherwise distributed or offered or
received for distribution in violation of this chapter or is capable of use as human food
and is adulterated or misbranded or in any other way is in violation of this chapter shall
be liable to be proceeded against and seized and condemned at any time by writ of attachment
for condemnation in any proper court as provided in Section 2-17-30 within the jurisdiction
of which the article or animal is found. Such writ of attachment...
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6-6-391
Section 6-6-391 Affidavit of amount due plaintiff. To obtain such writ of garnishment, the
plaintiff, his agent or attorney must make, before an officer authorized to administer oaths,
and file, with the clerk of the court in which the action is pending or the judgment was entered,
an affidavit stating the amount due from the defendant to the plaintiff, or his assignee,
that process of garnishment is believed to be necessary to obtain satisfaction thereof and
that the person to be summoned as garnishee is believed to be chargeable as garnishee in the
case. It is not ground of objection that two or more persons having separate interests are
mentioned as garnishees. (Code 1852, §2471; Code 1867, §2892; Code 1876, §3219; Code 1886,
§§2968, 2973; Code 1896, §2173; Code 1907, §4302; Code 1923, §8053; Code 1940, T. 7,
§997.)...
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35-11-291
Section 35-11-291 Enforcement of lien. (a) When the processor retains possession of the commodity
subject to the lien, and the charges or tolls due are not paid within 10 days after demand
therefor, he is authorized, on giving notice for 10 days of the time and place of the sale
by advertisement in some newspaper published in the county in which the commodity was processed
once a week for two successive weeks, or if there is no such paper, by posting the notice
in three public places in the county, to sell the commodity to the highest bidder, for the
payment of the expenses of such sale and the charges or tolls for processing; and the residue,
if there be any, shall be paid to the owner. (b) If the commodity subject to the lien declared
in this division has been removed without the knowledge and consent of the processor and without
the charge or toll for processing having been paid, the processor may obtain a writ of attachment
leviable on the processed commodity. (c) All property upon...
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35-11-93
Section 35-11-93 When attachment by agricultural laborer or plantation superintendent attaches;
additional affidavit. An agricultural laborer or superintendent of a plantation may sue out
an attachment, whether his demand is due or not; but, in either event, he shall in addition
to the affidavit required under the general provisions of this chapter, make affidavit that
such demand is or will be due, as the case may be, and that the defendant, without the consent
of, and contrary to his agreement with the plaintiff, is about to remove the crop from the
premises without paying such demand, or that the defendant has so removed such crop or some
portion thereof. (Code 1876, §3486; Code 1886, §3081; Code 1896, §2766; Code 1907, §4798;
Code 1923; §8882; Code 1940, T. 33, §20.)...
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15-10-47
Section 15-10-47 Return of writs by sheriff; duty of clerks to accept returns by mail; failure
of sheriffs to comply with section. (a) All writs of arrest, with the undertaking of bail
when given, must be returned by the sheriff to the clerk of the court from which they were
issued, with the proper return thereon endorsed. (b) If the writ of arrest is executed, the
return must be made within five days after service; but if executed out of the county in which
the indictment was found, the return may be made by depositing the writ in the post office
within five days after service in a sealed envelope, postage prepaid, directed to the clerk
of the court at the courthouse of his county, with the title of the case and the character
of the process endorsed on the envelope. (c) When any writ of arrest is not executed, it must
be returned by the sheriff to the clerk of the court from which it was issued; and when the
return is made by the sheriff of any other county than that in which the...
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27-11-5
Section 27-11-5 Secretary of State as agent for service of process on insurer; service of process;
attachment of jurisdiction; fees for service. (a) Any insurer not qualified under the laws
of this state to transact the business of insurance as evidenced by a license or certificate
of authority from the Commissioner of Insurance which shall transact, or attempt to transact,
the business of insurance in this state or which shall do, or attempt to do, any of the acts
and occurrences set out in Section 27-11-3 shall, by the doing of such business or the performing
or attempting to perform any of such acts, be deemed to have appointed the Secretary of State,
or his successor or successors in office, to be the true and lawful attorney or agent of such
insurer whom process may be served in any action accrued or accruing from the transacting
of such business or the performing of such act by any such insurer, or by its agent, servant,
or employee. Service of such process shall be made by...
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35-11-112
Section 35-11-112 Joinder of persons having liens on same property. (a) Persons having liens
under the provisions of this division, on the same property, may join in the same action for
the enforcement of their respective liens; and when there is such joinder, the court or jury
trying the action must ascertain the amount due to each of the plaintiffs secured by the lien,
and judgment must be rendered accordingly; but the failure of one or more of the plaintiffs
to establish his or their liens shall not defeat a recovery by the others. The proceeds of
the sale of the property levied on, if not sufficient to satisfy the demands of all the plaintiffs,
shall be distributed, after payment of the costs, pro rata among them. (b) When persons having
such liens on the same property refuse, after notice in writing, to join in such action, the
persons giving the notice may proceed without them on making affidavit of the fact of such
notice and refusal; and notice of the levy of the attachment...
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35-11-21
Section 35-11-21 Enforcement. For the enforcement of such lien, the owners of such land or
their assignees, may have process of attachment from any court having jurisdiction of the
amount claimed leviable upon the timber upon which the lien exists: (1) When such claim is
due and the defendant, on demand, fails or refuses to pay the same. (2) Whether such claim
is due or not, when the defendant has removed any part of such timber from such land without
paying the stipulated price, or the value thereof, when no price has been stipulated, and
without the consent of the owners of such lands, or, if the claim has been assigned, without
the consent of the assignee. (3) Whether such claim is due or not, when the plaintiff has
good cause to believe that the defendant is about to remove any part of such timber from such
land without paying the stipulated price thereof, or, in the event no price has been stipulated,
the value thereof, and without the consent of the owners of such lands, or, if...
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6-6-483
Section 6-6-483 Answer of state official garnished to show assent to judgment. Where an official
of the State of Alabama or other person designated in this division has been garnished, as
provided by Section 6-6-482, and answer has been filed by said person, in accordance with
the mandate of said writ, admitting that the said State of Alabama is due, or will be due,
the defendant in said garnishment proceedings money for salary and has said money ready for
payment when due, the said answer must also show the assent of said person that judgment may
be entered in said case for the amount shown in said answer or so much thereof as may be necessary
to satisfy plaintiff's judgment. In no case shall judgment against said official or other
person designated in this division as the agent of the state be entered on said answer or
in said garnishment proceedings unless such assent and consent to said judgment is shown in
said answer. When such final judgment is so entered, after trial of said...
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6-6-600
Section 6-6-600 Judgment - Excluding defendant from office or franchise or prohibiting practice
of profession. When a defendant, whether a natural person or a corporation, against whom such
action has been commenced, is adjudged guilty of usurping or intruding into, or unlawfully
holding or exercising, any office or franchise or unlawfully practicing any profession, judgment
must be entered that such defendant be excluded from the office or franchise or be prohibited
from practicing such profession and that the plaintiff recover costs against such defendant.
Execution shall be issued on such judgment at the expiration of five days from the date thereof,
unless the defendant shall, within such time, take an appeal to the supreme court. Any violation
of any such order shall be a contempt of court. (Code 1852, §2665; Code 1867, §3093; Code
1876, §3433; Code 1886, §3178; Code 1896, §3432; Code 1907, §5465; Code 1923, §9944;
Code 1940, T. 7, §1148.)...
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