6-6-180
Section 6-6-180 Complaint to compel discovery, etc., of property - Execution for money not
satisfied. When an execution for money from any court has been issued against a defendant
and is not satisfied, the plaintiff, or the person for whose benefit such execution is sued
out, may file a complaint against such defendant to compel the discovery of any property belonging
to him, or held in trust for him, and to prevent the transfer, payment or delivery thereof
to such defendant, except when the trust has been created by, or proceeded from, some other
person than the defendant himself; and the court may bring any other party before it and adjudge
such property, or the interest of the defendant therein, to the satisfaction of the sum due
the plaintiff. (Code 1852, §2987; Code 1867, §3442; Code 1876, §3882; Code 1886, §3540;
Code 1896, §814; Code 1907, §3735; Code 1923, §7338; Code 1940, T. 7, §893.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-180.htm - 1K - Match Info - Similar pages

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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-391.htm - 1K - Match Info - Similar pages

6-6-594
Section 6-6-594 Joinder - Alleged corporation as party defendant. When the action is against
persons acting as a corporation without being duly incorporated, the alleged corporation may
be joined as a party defendant, and such joinder does not admit its corporate existence or
otherwise prejudice the case of the plaintiff. A judgment and execution may go against it
by its alleged corporate name, as in other cases. (Code 1896, §3423; Code 1907, §5456; Code
1923, §9935; Code 1940, T. 7, §1139.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-594.htm - 817 bytes - Match Info - Similar pages

6-6-601
Section 6-6-601 Costs - Assessment. If an action under this article is maintained by the state
alone and judgment is for the defendant or the defendant is insolvent, the witnesses are paid
as in other state cases, but if any person is joined with the state as informant, judgment
must be entered against him for the costs if entered for the defendant. (Code 1852, §2667;
Code 1867, §3095; Code 1876, §3435; Code 1886, §3180; Code 1896, §3434; Code 1907, §5467;
Code 1923, §9946; Code 1940, T. 7, §1150.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-601.htm - 844 bytes - Match Info - Similar pages

6-10-30
Section 6-10-30 Contest of exemption claim - Trial of issues. The contest of any claim of exemptions
shall be a preferred case, and after the return of the process, if both parties appear, an
issue or issues shall be formed under the direction of the court as to whether the property
in contest, or any and what part of it, is exempt as claimed. Such issue or issues shall be
tried as other cases are tried. In all cases, the party in whose favor the levy was made shall
be deemed the plaintiff, upon whom shall rest the burden of proof, and both parties shall
be entitled to the same right of objection, exception, and of appeal as in other cases. (Code
1876, §2838; Code 1886, §2526; Code 1896, §2052; Code 1907, §4179; Code 1923, §7901;
Code 1940, T. 7, §644.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-30.htm - 1K - Match Info - Similar pages

6-6-284
Section 6-6-284 Disclaimer of possession by defendant. Along with any other defenses he may
have in an action of ejectment or in an action in the nature of ejectment, the defendant may
disclaim possession of the premises sued for in whole or in part. If the defendant pleads
the defense of disclaimer only and no other, the plaintiff may take judgment or may take issue;
and, if the issue is found for him, he is entitled to judgment as if the defendant had, in
an action of ejectment, entered into the consent rule, confessing possession as well as lease,
entry, and ouster or, in an action in the nature of an action of ejectment, had admitted possession.
(Code 1852, §2213; Code 1867, §2614; Code 1876, §2963; Code 1886, §2699; Code 1896, §1533;
Code 1907, §3843; Code 1923, §7457; Code 1940, T. 7, §942.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-284.htm - 1K - Match Info - Similar pages

6-6-353
Section 6-6-353 Proceedings when determination is against appellant. In cases of forcible entry
or unlawful detainer, the judgment, if against the appellant, must be entered in the circuit
court against him and the sureties on the appeal or certiorari bond, including the costs in
the inferior and circuit courts, and if the appeal or certiorari was sued out by the defendant
and a supersedeas bond was executed, a writ of restitution or possession must be awarded and
judgment must also be entered against the defendant and the sureties on his supersedeas bond
for the value of the rent of the premises pending the appeal. (Code 1852, §§2866, 2867;
Code 1867, §§3315, 3316; Code 1876, §§3712, 3713; Code 1886, §3411; Code 1896, §2146;
Code 1907, §4282; Code 1923, §8023; Code 1940, T. 7, §986.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-353.htm - 1K - Match Info - Similar pages

6-6-394
Section 6-6-394 Notice to defendant. When the defendant resides within the state and the garnishment
is issued on a judgment or in a pending action in which an appearance has not been entered
for the defendant, the officer issuing the garnishment must issue notice thereof to the defendant,
which notice must be served on him at least five days before judgment against the garnishee.
(Code 1896, §2176; Code 1907, §4305; Code 1923, §8056; Code 1940, T. 7, §1000.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-394.htm - 785 bytes - Match Info - Similar pages

6-6-681
Section 6-6-681 Judgment in favor of defendant. Judgment must, in like manner, be entered in
favor of the defendant in execution against the sheriff or coroner, on three days' notice,
in the following cases: (1) For failure to pay over on demand any excess of money which may
remain upon a sale under execution after satisfaction thereof and of the costs, for the amount
of such excess and five percent per month after demand; (2) For failing to return an execution
wholly or partially satisfied, for 25 percent on the amount paid; and (3) For failing to pay
over on demand money paid or collected on an execution, the whole or any part of which is
enjoined, for the amount so enjoined and five percent per month on the amount from the time
of the demand. (Code 1852, §§2608-2611; Code 1867, §§3038-3041; Code 1876, §§3363-3366;
Code 1886, §§3107-3110; Code 1896, §§3775-3778; Code 1907, §§5911-5914; Code 1923, §§10238-10241;
Code 1940, T. 7, §596.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-681.htm - 1K - Match Info - Similar pages

6-8-100
Section 6-8-100 Answer of tender; judgment thereon. An answer of tender of money or of a thing
in action must be accompanied by a delivery of the money or such thing in action to the clerk
of the court. If the tender is of ponderous articles or other personal property, the answer
must aver a readiness to deliver it to the plaintiff. Judgment for the defendant upon the
answer vests the title to the thing tendered in the plaintiff, subject to any claim the defendant
may have for his trouble in keeping it. (Code 1852, §§2245, 2246; Code 1867, §§2648, 2649;
Code 1876, §§2997, 2998; Code 1886, §2585; Code 1896, §3298; Code 1907, §5334; Code 1923,
§9473; Code 1940, T. 7, §228.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-8-100.htm - 1K - Match Info - Similar pages