6-10-36
Section 6-10-36 Contest of exemption claim - Assessment of value of property and damages
resulting from detention on bond; judgment and execution on bond. When bond has been executed
by the plaintiff or defendant for the forthcoming of the property in contest, the value of
the property, and the damages resulting from its detention must be assessed by the court or
jury trying the contest. If the unsuccessful party fails for 20 days after judgment to deliver
the property and pay the damages as required by the condition of the bond, it shall be the
duty of the sheriff to make due return of that fact; and, upon such return being made, the
bond shall have the force and effect of a judgment, and execution may issue thereon against
the obligors on the bond for the value of the property and the damages assessed, or either,
and costs. (Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code
1923, §7907; Code 1940, T. 7, §650.)...
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6-6-262
Section 6-6-262 Execution, garnishment, or other process on bond. If the unsuccessful
party, who has given bond and taken the property into possession fails, for 30 days after
the judgment, to deliver the property and to pay the damages assessed for the detention thereof
and the costs, the sheriff must, upon the bond, make return of the fact of such failure; and,
thereupon, the bond has the force and effect of a judgment on which execution, garnishment,
or other process may issue against any, or all, the obligors therein for the alternative value
of the property as assessed by the jury and the damages assessed for its detention and the
costs. If the property is delivered and the damages assessed for its detention and the costs
are not paid, the sheriff must, upon the bond, make return of the fact, and execution, garnishment,
or other process must issue against any or all of the obligors for such damages and costs,
or for either, as either may be unpaid. (Code 1852, §2195; Code 1867,...
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35-6-114
Section 35-6-114 When sheriff ordered to take possession of crops; forthcoming bond.
(a) If, at the time of filing such application, or afterwards, any party interested in the
crops, his agent or attorney, makes affidavit before the judge of probate that he has cause
to believe that the crops, or any portion thereof, will be removed, sold, consumed, or destroyed
before they can be divided, and gives bond, with sufficient surety, in double the value of
the property to be divided, payable to the defendant or defendants, with condition to pay
all costs and damages that may accrue from the wrongful filing of the application, the court
shall order the sheriff to take possession of such crops, and to safely keep the same until
final disposition thereof shall be made by the court, unless the other parties in interest,
or some of them, give bond, with sufficient surety, to be approved by the sheriff, in double
the value of the shares of those complaining, with condition for the delivery of...
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12-22-74
Section 12-22-74 Affirmation of stayed judgment - Recovery of chattels in specie. Upon
the affirmance of a judgment for the recovery of chattels in specie, judgment for which has
been stayed by the execution of a supersedeas bond, the court must also enter judgment against
the obligors in said bond for 10 percent of the alternative value of such property as fixed
by the court below, and the damages fixed for the detention thereof. (Code 1852, §3027; Code
1867, §3495; Code 1876, §3936; Code 1886, §3664; Code 1896, §480; Code 1907, §2895; Code
1923, §6155; Code 1940, T. 7, §816.)...
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6-6-254
Section 6-6-254 Return of bonds; liability of sheriff for failing to do so; compelling
making of return. All bonds taken under this article must be returned within 10 days thereafter
to the clerk of the court in which the action is pending, and, on failure, the sheriff is
liable to the successful party to the amount of the value of the property and damages for
its detention as assessed by the jury, with interest thereon from the entry of the judgment,
to be recovered on motion to the court in which such judgment was entered on three days' notice,
or the sheriff may, at any time, be compelled by attachment to make such return. (Code 1852,
§2196; Code 1867, §2597; Code 1876, §2946; Code 1886, §2722; Code 1896, §1481; Code 1907,
§3787; Code 1923, §7398; Code 1940, T. 7, §927.)...
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6-10-27
Section 6-10-27 Contest of exemption claim - Delivery of personalty to defendant upon
executing bond; proceedings when bond not forthcoming. (a) When any contest of a claim of
exemption to personal property has been instituted, the defendant claiming the exemption may,
within five days after service of notice of the contest, deliver to the officer making the
levy a bond in double the amount of the value of the property, to be fixed by, and with sureties
to be approved by, the officer, payable to the plaintiff and conditioned that if the defendant
is not successful in the contest, he or she will, within 30 days thereafter, deliver the property
to such officer and will pay all costs and damages that may result from its detention. Thereupon,
the property shall be delivered to the defendant. (b) If the defendant fails to deliver such
bond within the five days allowed him or her and the plaintiff shall, within five days thereafter,
deliver to the officer a bond in the amount, and with the...
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6-6-163
Section 6-6-163 Forfeiture of claimant's bond; execution for amount of judgment, damages,
and costs. If judgment is entered against the claimant and he fails to deliver the property
to the officer making the levy and pay the costs of the trial of the right of property within
30 days, such officer must endorse the bond forfeited; and thereupon, if the property was
levied on under execution or, if levied on under attachment, after judgment in favor of the
plaintiff against the defendant in attachment, the clerk must issue execution against the
obligors on the bond for the amount of the plaintiff's judgment, for the damages, if any were
assessed, and the costs of the amount of such assessed value, if that is not greater than
the amount of the judgment and for the damages, if any were assessed, and the costs of the
trial of the right of property. And in the event the claimant delivers the property, but fails
to pay damages and costs within 30 days, execution must issue for such damages and...
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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...
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6-9-1
Section 6-9-1 Executions on judgments; forms thereof. The party in whose favor a judgment
is entered, whether for debt, damages, or costs, for the satisfaction thereof, may, within
10 years thereafter, have a writ of execution against the lands and goods of the party against
whom such judgment is entered. When the judgment is for specific property or the alternate
value, or for the possession of lands, appropriate writs of execution may issue for the satisfaction
thereof. Such writs of execution must substantially conform to the following forms: (Form
of Writ of Execution) The State of Alabama, ___ County. To any Sheriff of the State of Alabama:
You are hereby commanded that of the goods and chattels, lands, and tenements of _____, you
cause to be made the sum of _____ dollars, which _____ recovered of him on the _____ day of
_____, 2__, by the judgment of the circuit (or district) court, held for the County of _____,
besides _____ dollars, costs of the action; and have the same to...
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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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