6-10-42
Section 6-10-42 When no action lies against officer levying on exempt property. If no declaration
of claim of exemption has been filed in the office of the judge of probate or if so filed
and the same is contested, no action shall lie against the officer levying the process on
the ground that the property levied on is exempt. (Code 1876, §2833; Code 1886, §2540; Code
1896, §2066; Code 1907, §4193; Code 1923, §7915; Code 1940, T. 7, §658.)...
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40-5-20
Section 40-5-20 Garnishment of delinquent taxpayers - Notice. If the collector ascertains or
has just cause to believe that any person is indebted to, or has in his possession or under
his control any money, property, or choses in action belonging to any delinquent taxpayer
in his county, he shall forthwith serve upon such person a notice in writing to appear before
some court in the county having jurisdiction of the amount involved, naming the court, to
answer as garnishee and under oath whether he was indebted to such taxpayer at the time of
the service of the notice or at the time of making his answer, or whether he will be indebted
to him by any contract then existing, and if so, the amount of such indebtedness, and whether
he has in his possession, or under his control any and what money, property, or choses in
action belonging to such taxpayer; and in such notice he shall state the amount of the taxes
and fees due from such taxpayer. He shall also forthwith give such taxpayer, if...
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6-6-597
Section 6-6-597 Addition of person rightly entitled to office; entry of judgment on such right;
delivery of books, papers, and property. (a) When the action is commenced against a person
for usurping an office, the name of the person rightly entitled to the office, with a statement
of his right thereto, may be added, and, when added, judgment may be entered upon the right
of the defendant and also upon the right of the party so alleged to be entitled or only upon
the right of the defendant, as justice may require. (b) If judgment is entered upon the right
of the person so alleged to be entitled and the same is in favor of such person, he is entitled,
after taking the oath of office and executing such official bond as may be required, to take
upon himself the execution of the office, and it is his duty, immediately thereafter, to demand
of the defendant all the books, papers, and property in his custody, or within his power,
belonging to the office. On refusal or neglect to deliver over...
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15-13-152
Section 15-13-152 Qualification for property bail. The qualifications for property bail are
that each surety be a resident of the state, and an owner of real property therein, and that
any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions
presently against the property, the amount expressed in the appearance bond. Any proper approving
officer, in approving property bail, may allow more than one person to justify severally as
bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent
to the amount in the appearance bond. The worth shall not be determined by the assessed value
of the property but shall be calculated, determined, and evaluated in the manner set forth
in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead
exemption in the affidavit then they shall also execute the waiver of a homestead exemption
form as provided in part (B) below. The affidavit shall be...
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13A-11-91
Section 13A-11-91 Liability of employers, etc., for damages resulting from presence of firearms.
(a) Except as provided in subsection (g) of Section 13A-11-90, an employer and the owner and/or
lawful possessor of the property on which the employer is situated shall be absolutely immune
from any claim, cause of action or lawsuit that may be brought by any person seeking any form
of damages that are alleged to arise, directly or indirectly, as a result of any firearm brought
onto the property of the employer, owner, or lawful possessor by an employee, including a
firearm that is transported in an employee's privately owned motor vehicle. (b) The presence
of a firearm or ammunition on an employer's property under the authority of Act 2013-283 does
not, by itself, constitute the failure by the employer to provide a safe workplace. (c) For
the purposes of Act 2013-283, a public or private employer, or the employer's principal, officer,
director, employee, or agent, does not have a duty: (1)...
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8-1-151
Section 8-1-151 Creditor of losing party under gambling contract may garnish winner. (a) Any
creditor of a losing party under a gambling contract may garnish the winner as other debtors
are garnished at any time within two years from the payment of such money or delivery of such
thing, and if such garnishee fails to appear, judgment may be entered against him as against
other garnishees failing to answer, but the answer of a garnishee shall not be evidence against
him in a criminal prosecution. (b) A judgment recovered by a creditor under the provisions
of this section is a defense to any action brought by any person under the provisions of Section
8-1-150. (Code 1852, §§1565, 1566; Code 1867, §§1877, 1878; Code 1876, §§2134, 2135;
Code 1886, §§1745, 1746; Code 1896, §§2166, 2167; Code 1907, §§3341, 3342; Code 1923,
§§6811, 6812; Code 1940, T. 9, §§47, 48.)...
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11-48-43
Section 11-48-43 Appeals from judgment of circuit court - By property owner - Authorized; bonds.
An appeal may be taken to the Supreme Court of Alabama by any person interested in said property
from the judgment entered by the circuit court within 42 days from the date of entry of such
judgment, upon giving bond for costs of appeal or, if a stay of execution of the judgment
is desired, upon giving further bond in such sum as the judge of the circuit court may prescribe,
payable to the city or town with sufficient sureties, to be approved by the clerk of said
court, conditioned to pay such judgment or perform such judgment as the supreme court may
render in the action, and all such costs and damages as the city or town may have sustained
if the judgment is affirmed. (Code 1907, §1396; Code 1923, §2211; Acts 1927, No. 639, p.
753; Code 1940, T. 37, §552.)...
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26-1A-212
Section 26-1A-212 Claims and litigation. Unless the power of attorney otherwise provides, language
in a power of attorney granting general authority with respect to claims and litigation authorizes
the agent to: (1) assert and maintain before a court or administrative agency a claim, claim
for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action
to recover property or other thing of value, recover damages sustained by the principal, eliminate
or modify tax liability, or seek an injunction, specific performance, or other relief; (2)
bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or
intermediate relief and use an available procedure to effect or satisfy a judgment, order,
or decree; (4) make or accept a tender, offer of judgment, or admission of facts, submit a
controversy on an agreed statement of facts, consent...
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11-42-69
Section 11-42-69 Trial and entry of judgment by circuit court; appeals from judgment of circuit
court; endorsement on map by probate judge where no appeal from judgment of probate court.
(a) If on the trial in the circuit court it be adjudged that the requisite facts did exist
subjecting the land and property having a situs thereon to taxation by the city, a judgment
shall be entered adjudging that the land and property having a situs thereon be, and the same
is, subject to taxation by the city and that the taxes thereon shall be paid to the city.
If it be adjudged that the requisite facts did not exist, a judgment shall be entered adjudging
that the land and property having a situs thereon is not subject to taxation by the city,
and the cost of appeal and of contest shall be adjudged against the losing party. (b) Either
the city or the property owner may appeal from the judgment of the circuit court to the supreme
court within the time and in the same manner as is provided by the...
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6-6-463
Section 6-6-463 Disposition of claims of other persons suggested by garnishee. (a) When the
garnishee, by his answer as originally filed or by any supplemental answer thereafter, alleges,
at any time before final judgment against him, that he has been notified that another person
claims title to, or an interest in, the debt, demand, money, or effects which, by his answer,
he has admitted to be due or owing or to be in his possession, the clerk must issue notice
to the suggested claimant to appear within 30 days after service of the notice and propound
his claim and contest with the plaintiff the right to such debt, demand, money or effects.
(b) If he appears, he must be required to propound his claim in writing and make oath thereto,
upon which the plaintiff must take issue in law or in fact, and the issue in fact must be
tried by a jury, if required by either party. If the issue is found for the plaintiff, judgment
must be entered against the garnishee on his answer or, if for the...
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