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6-6-102
Section 6-6-102 Tender of value if property dead or destroyed. If any of the property so replevied
should die or be destroyed without fault or negligence on the part of the person in possession
before the day for the delivery thereof, the obligors in the bond may tender the value to
the plaintiff, his agent, or attorney; and, if such tender is refused, such obligors may obtain
relief by a stay of execution. (Code 1852, §2539; Code 1867, §2967; Code 1876, §3292; Code
1886, §2966; Code 1896, §557; Code 1907, §2957; Code 1923, §6205; Code 1940, T. 7, §878.)...
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6-9-161
Section 6-9-161 Tendering value of restored property by bond obligors where same dead or destroyed.
When property is restored to the defendant on the execution of a forthcoming bond and the
same dies or is destroyed before the day for the delivery thereof without fault on his part,
the obligors in the bond may tender the value thereof to the plaintiff, his agent or attorney,
and if such tender is refused, the obligors in such bond may, on petition to the judge of
the circuit court, supersede the same. (Code 1852, §2470; Code 1867, §2890; Code 1876, §3217;
Code 1886, §2921; Code 1896, §1919; Code 1907, §4138; Code 1923, §7853; Code 1940, T.
7, §565.)...
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6-6-456
Section 6-6-456 Judgment and proceedings if possession of effects subject to levy and sale
admitted. If the garnishee admits the possession of effects of the defendant, the subject
of levy and sale under legal process, judgment of condemnation must be entered that such effects
be delivered upon demand after the entry of judgment in favor of the plaintiff in the original
action, or so much thereof as may be necessary to satisfy the judgment, and the sheriff must
make sale thereof. If the garnishee fails to deliver such effects to the sheriff on demand,
he must make return thereof to the clerk, who must thereupon issue an execution against the
garnishee in favor of the plaintiff for the amount of the judgment and costs. If, however,
such failure is without fault or negligence on the part of the garnishee, he may tender to
the plaintiff, his agent, or attorney the value of such effects; and, if such tender is refused,
he may obtain relief by supersedeas. (Code 1852, §§2542-2544; Code...
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6-10-29
Section 6-10-29 Contest of exemption claim - Filing of inventory by defendant; effect of failure
to file. On any contest of a claim of exemption to personal property, on the plaintiff's written
demand, made at any time, the defendant claiming the exemption shall, within 10 days, file
a full and complete inventory, duly verified by oath, of all his or her personal property,
except the wearing apparel, portraits, pictures, and books specifically exempted from levy
and sale, with the value and location of each item of such property, of all money belonging
to him or her, whether in his or her possession or held by others for him or her, and of all
debts and choses in action belonging to him or her or in which he or she is beneficially interested,
with the value of each of them. If such inventory is not filed within the time prescribed,
the plaintiff shall not be required to tender an issue on the claim, but the court must enter
judgment by default against the defendant, unless good and...
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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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15-8-150
so advertised), which said stock (or other security) had not then been registered and recorded
in the register of the Alabama Securities Commission (or which said advertisement had not
then been filed with and approved by the chairman of the Alabama Securities Commission). (3)
AFFRAYS. A. B. and C. D. did fight together in a public place (4) ALTERING, ETC., MARKS, BRANDS,
ETC. A. B., with intent to defraud, marked or branded an unmarked horse, or altered or defaced
the mark or brand of a marked animal, the property of C. D. (5) CRUELTY TO ANIMALS.
A. B. did override (overdrive, overload, drive when overloaded, torture, torment, deprive
of necessary sustenance, mutilate or cruelly kill, or cause or procure the same, as the case
may be) a horse (or other domestic animal, naming it). (6) WANTON, MALICIOUS, ETC.,
DESTRUCTION, ETC., OF ANIMALS, ETC. A. B. did unlawfully, or wantonly, or maliciously, kill
(or disable, disfigure, destroy or injure) a horse (or other property mentioned in the...
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6-6-100
Section 6-6-100 By whom; execution of bond. The defendant in attachment or, in his absence,
a stranger, may replevy the goods or chattels attached, or any part thereof, by executing
bond, with sufficient sureties, payable to the plaintiff, in double the value of the property
replevied, to be determined by the officer making the levy, with condition that if the defendant
fails in the action, the principal in the bond or his sureties will return the specific property
attached within 30 days after the judgment, which bond must be returned with the other papers
of the case. (Code 1852, §2536; Code 1867, §2964; Code 1876, §3289; Code 1886, §2964;
Code 1896, §555; Code 1907, §2955; Code 1923, §6203; Code 1940, T. 7, §876.)...
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6-6-257
Section 6-6-257 Assessment of value and damages and judgment - Dismissal of action. When the
property sued for is in the possession of the plaintiff and the action is dismissed, the court
shall cause a jury to assess the alternate value of the property and also the value of the
hire or use thereof during the time it was in the possession of the plaintiff and shall enter
judgment for the defendant for the recovery of the property, or its alternate value, and damages
for the use or hire thereof. (Code 1896, §1482; Code 1907, §3788; Code 1923, §7399; Code
1940, T. 7, §928.)...
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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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6-6-77
Section 6-6-77 Sale of property levied on where perishable or expensive to keep. (a) If the
property levied on is perishable or if the expense of keeping is great, it must be sold by
order of the court, on motion of either party, and the proceeds of sale retained by the sheriff
to await the decision of the case, unless the court otherwise directs. (b) If the property
levied on is of so perishable a nature that it will deteriorate greatly in value or be destroyed
before the meeting of the court or if the charge of keeping it is very great, it is the duty
of the sheriff, if not replevied, to sell it at public auction, returning a statement of the
facts and the money to the court. (Code 1852, §§2528, 2529; Code 1867, §§2956, 2957; Code
1876, §§3281, 3282; Code 1886, §§2958, 2959; Code 1896, §§549, 550; Code 1907, §§2949,
2950; Code 1923, §§6197, 6198; Code 1940, T. 7, §§870, 871.)...
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