6-10-124
Section 6-10-124 Attachment - Endorsement on writ. When such action is commenced by attachment or, in aid thereof, an ancillary attachment is sued out, the officer issuing the writ of the plaintiff, in person or by his agent or attorney, producing before him the written evidence of the waiver or making and filing with him an affidavit that the exemption has been waived, must endorse on the writ the fact of such waiver and the extent thereof. (Code 1876, §2850; Code 1886, §2571; Code 1896, §2108; Code 1907, §4235; Code 1923, §7964; Code 1940, T. 7, §710.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-124.htm - 892 bytes - Match Info - Similar pages
6-5-4
Section 6-5-4 Recovery of public moneys, funds or property. (a) The Governor may cause actions to be commenced for the recovery of any public moneys, funds, or property of the state or of any county which have been lost by the neglect or default of any public officer, which have been wrongfully expended or disbursed by such officer, which have been wrongfully used by such officer, or which have been wrongfully received from him. (b) In the event any public officer or agent of the state or any depositary or custodian of public funds or moneys has wrongfully used such funds or moneys, actions for the recovery thereof may be commenced before any court having jurisdiction of the subject matter; and it shall not be ground of objection to such an action that either, any, or all of the parties defendant do not reside within the county or within the district in which such action is commenced. (c) Such action may be commenced in any court of competent jurisdiction; and such officer or agent,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-4.htm - 4K - Match Info - Similar pages
6-6-149
Section 6-6-149 Action by defendant - Venue for actions on injunction bond or attachment bond in cases of injunction or bankruptcy. The defendant in any action commenced by attachment, in any action in which an injunction against him is issued, or in any proceeding against him as a bankrupt, may commence an action on the attachment bond or injunction bond, as the case may be, against the plaintiffs as for malicious prosecution, and upon the bond of the petitioning creditors, against the petitioning creditors as for a malicious prosecution, in the county where the writ is levied; and in case of bankruptcy, in the county where the goods, property, and effects were seized and located; or such actions may be commenced in the county where the plaintiff in attachment resides or any of the sureties reside; and, in cases of bankruptcy, where the petitioning creditors or anyone of them reside; and, in the cases of injunction, where the plaintiff or any surety on his bond resides. (Code 1896,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-149.htm - 1K - Match Info - Similar pages
6-6-121
Section 6-6-121 When defendants evade service of process; dismissal of attachment. (a) When a summons has been returned "not found" as to all or any of the defendants, residents of the county, if the plaintiff, his agent or attorney makes an affidavit that the defendant has evaded the service of the process, the court must direct an attachment to issue, returnable within 30 days after the levy thereof, and the case must in all respects proceed as against such defendant as if originally commenced by attachment. (b) The plaintiff may, notwithstanding such attachment, proceed to judgment against any of the defendants on whom process was served, but upon a judgment and satisfaction of the debt or claim, the attachment shall be dismissed at the costs of the plaintiff. (Code 1852, §§2568, 2569; Code 1867, §§2996, 2997; Code 1876, §§3321, 3322; Code 1886, §§2969, 2970; Code 1896, §§559, 560; Code 1907, §§2959, 2960; Code 1923, §§6207, 6208; Code 1940, T. 7, §§880, 881.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-121.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-45.htm - 1K - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-141.htm - 1K - Match Info - Similar pages
6-6-160
Section 6-6-160 Claim of persons not party to writ of execution or attachment, etc., to personal property levied on; affidavit and bond; delivery of property to claimant. When an execution, attachment or other like writ, issued from any court or by any officer, is levied on personal property as to which any person not a party to the writ claims to own the title, legal, or equitable, or a lien paramount to the right, title, or interest in the property of the defendant in the writ, such person may try the right to such property before a sale thereof upon making affidavit by himself, his agent, or attorney, which may be taken by the officer levying the writ or any officer authorized to administer oaths that he holds such title to, or such lien upon, the property claimed and executing bond with two good and sufficient sureties, to be approved by the officer making the levy and payable to the plaintiff in double the value of the property levied on and claimed, the value thereof to be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-160.htm - 2K - Match Info - Similar pages
6-6-680
Section 6-6-680 Judgment against sheriff, etc., receiving or executing writ. Judgment must be entered for the plaintiff, on three days' notice, against the sheriff, coroner, or other officer receiving or executing the writ in the following cases: (1) For failing to return an execution, 20 percent on the judgment; (2) For failing to pay over money collected upon an execution, on demand of the plaintiff, his agent, or attorney, for the amount so collected and five percent per month damages from the time such demand was made; (3) For failing to make the money on an execution, which by due diligence could have been made, for the amount of the execution, interest, and 10 percent damages thereon; (4) For fraudulently making a false return, for the amount of the execution, interest, and 10 percent damages thereon; (5) For failing to notify the plaintiff, his agent, or attorney of the collection of money by execution, for five percent per month on the amount collected from the time when the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-680.htm - 2K - Match Info - Similar pages
6-6-250
Section 6-6-250 Duty of clerk to require taking of property by sheriff unless defendant gives bond; disposition of property on failure to give bond. (a) When an action is commenced for the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney makes affidavit that the property sued for belongs to the plaintiff and executes a bond in such sum and with such surety as may be approved by the clerk, with condition that if the plaintiff fails in the action, he will pay the defendant all such costs and damages as he may sustain by the wrongful complaint, it is the duty of the clerk to endorse on the summons that the sheriff is required to take the property mentioned in the complaint into his possession unless the defendant gives bond payable to the plaintiff, with sufficient surety, in double the value of the property, with condition that if the defendant fails in the action he will, within 30 days thereafter, deliver the property to the plaintiff and pay all costs...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-250.htm - 2K - Match Info - Similar pages
6-9-160
Section 6-9-160 Restoration of property levied on to debtor upon executing bond; execution on forfeiture of bond; exception. (a) When personal property is levied on by the sheriff, if the defendant executes bond with sufficient surety in double the amount of the execution payable to the plaintiff and conditioned to deliver the property levied on to the proper officer by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must restore the property to the defendant. (b) If the property is not delivered according to the condition of the bond, the sheriff must return it forfeited within five days thereafter to the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture of the bond; and it is then the duty of the clerk or register, without delay, to issue execution on the forfeited bond against all the obligors therein for the judgment and costs, upon which no security of any kind can be taken, which he must endorse on the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-9-160.htm - 1K - Match Info - Similar pages
|