12-19-50
Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs; issuance
of execution against sheriff, etc., failing to return, levy, or collect execution issued against
plaintiff or appellant for costs. (a) The Clerk of the Supreme Court, clerks of the courts
of appeals, clerks of the circuit courts and probate judges, upon return of an execution "no
property found" against the defendant by the proper officer of the county in which the
judgment was entered, or, if the execution is from the Supreme Court or courts of appeals,
of the county from which the case was brought, may issue execution against the plaintiff or
appellant, as the case may be, for the costs actually created by the plaintiff or appellant,
but for none other, to be collected and returned as other executions. (b) Judgment may be
entered on motion in the circuit court of such county, in the name of the clerk or probate
judge issuing the execution, against the sheriff or his sureties, or either of...
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35-11-224
Section 35-11-224 Issues; finding or verdict; judgment generally. Any defendant, by appropriate
plea, may put in issue the fact of indebtedness or the existence of the lien, or both, and
may interpose any other defense applicable to the action; and if the court by its finding,
or the jury by their verdict, as the case may be, ascertain that the plaintiff has a lien
as claimed, judgment shall be entered for the amount secured thereby, interest and costs,
against the party liable for the same, and establishing the lien, and condemning the property
to sale for the satisfaction thereof; but if the finding or verdict is for the plaintiff only
on the issue of indebtedness, a judgment shall be entered in his favor for the amount thereof
as in other cases. (Code 1886, §3034; Code 1896, §2739; Code 1907, §4770; Code 1923, §8848;
Code 1940, T. 33, §52.)...
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11-47-191
Section 11-47-191 Institution of actions, entry, and execution of judgments against municipalities
and other persons or corporations jointly liable. (a) The injured party, if he institutes
a civil action against the municipality for damages suffered by him, shall also join such
other person or persons or corporation so liable as defendant or defendants of the civil action,
and no judgment shall be entered against the city or town unless judgment is entered against
such other person or corporation so liable for such injury, except where a summons is returned
not found as to a defendant or when judgment is entered in his favor on some personal defense,
and if a civil action be brought against the city or town alone and it is made to appear that
any person or corporation ought to be joined as a defendant in the action according to the
provisions in Section 11-47-190, the action shall be dismissed, unless the plaintiff amends
his complaint by making such party or corporation a defendant,...
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6-6-259
Section 6-6-259 Actions by mortgagees or vendor in conditional sale contract, etc., against
mortgagors or vendees, etc. (a) If the action is by a mortgagee or his assignee against a
mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving
the title until the entire purchase money shall be paid, or his assignee, against his vendee
or one holding under him, the defendant may, upon suggestion, require that the jury ascertain
the amount of the mortgage debt or the unpaid balance of the purchase price of the article
sold; and if the debt due is ascertained to be less than the value of the property sued for
as assessed by the jury, judgment must be entered for the property sued for or if that is
not to be had, then for the amount of the debt as ascertained by the jury. The court must
also make an order that, if the debt so ascertained, interest and costs, shall be paid within
30 days, no execution or other process shall issue on the judgment; and on...
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37-2-34
Section 37-2-34 Joint actions against connecting carriers. When goods, wares, merchandise or
other personal property are shipped to some point of delivery in this state over two or more
connecting lines of transportation companies, both or all of which are engaged in the business
of a transportation company in the State of Alabama, and such goods, wares and merchandise
or other personal property are lost, destroyed, or damaged because of unreasonable delay in
the delivery thereof or by the neglect of duty of any such transportation company or connecting
transportation companies, and the owner or consignee of such freight sustains injury or loss
thereby, and payment for such injury or loss or destruction is not made after notice to and
demand therefor of such connecting and delivering companies within 30 days thereafter, the
owner or consignee thereof may bring a civil action against such delivering and connecting
companies jointly; the action to be instituted in the county of delivery,...
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6-6-253
Section 6-6-253 Interpleader by defendant of adverse claimant of property; force and effect
of bonds given. (a) If the defendant in a detinue action interpleads a claimant of the property
and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if
the defendant has retained possession of the chattels, giving bond, the court may order the
chattels to be delivered to such claimant on his giving bond with sufficient surety, to be
approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant
with condition that if he is not successful in the action he will, within 20 days thereafter,
deliver the chattels and pay all such damages as may be assessed for the detention thereof
and all costs adjudged against him. If such person refuses or neglects to give such bond for
three days after service of his first pleading or motion in the action, the chattels must
be delivered to the plaintiff on his giving bond with sufficient surety, to be...
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35-11-227
Section 35-11-227 Actions by employees, etc.; defense by contractor. (a) If the action is by
an employee of the contractor, or by any person who has furnished to him material for the
building or improvement, the contractor shall be a necessary party defendant thereto; and
in such action on motion of the plaintiff, the owner or proprietor may be cited to answer
under oath how much was owing by him to the contractor on his contract with such contractor,
at the time of the service on him of the notice required by Section 35-11-218; and such answer
may be controverted, and proceedings had and judgment entered as in garnishment cases. (b)
When the lien is sought to be enforced by any person other than the contractor, it shall be
the duty of the contractor to defend the action at his own expense; and after notice of an
intention to file a statement of the lien, and pending the action, the owner or proprietor
may withhold from the contractor money sufficient to cover the amount claimed, and...
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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears from
a petition for a protection order or a petition to modify a protection order that abuse has
occurred or from a petition for a modification of a protection order that a modification is
warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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2-2-31
Section 2-2-31 Seizure and condemnation of adulterated, misbranded or substandard article.
Any article, substance, material or product which is subject to the provisions of this article
which is adulterated, misbranded or under the standard, grade, weight or measure claimed,
within the meaning of any provision of law or rules and regulations under authority of law,
and which is manufactured for sale, held in possession with intent to sell, offered or exposed
for sale or sold or delivered within this state shall be liable to be proceeded against in
the circuit court of the county where the same is found and seized for confiscation by writ
of attachment for condemnation. Such writ shall issue upon the sworn complaint of the commissioner
or his duly authorized agent, taken by an officer authorized to administer an oath, to the
effect that such article or product is adulterated or misbranded or is under the standard,
grade, weight or measure claimed, as the case may be, within the meaning...
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