35-9-36
Section 35-9-36 Issuance and return of attachment; trial; property leviable. Such attachment
may be issued by any officer authorized to issue attachment in other cases, and made returnable
before any court of competent jurisdiction, and must be tried in the same manner, and upon
the same notice, as other attachment proceedings are tried, and may be levied on the crop,
or the proceeds thereof, and on the articles advanced, and property purchased with money advanced
or obtained by barter in exchange for articles advanced. (Code 1876, §3473; Code 1886, §3063;
Code 1896, §2710; Code 1907, §4741; Code 1923, §8806; Code 1940, T. 31, §22.)...
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36-12-24
Section 36-12-24 Proceedings for recovery of papers, property, etc., by successor to office
generally - Issuance of warrant for search and seizure of papers, property, etc., upon failure
of person charged with withholding same to make affidavit, etc. In the case stated in Section
36-12-23, if required by the plaintiff, such officer shall also issue his warrant, directed
to any lawful officer, commanding him in the daytime to search such places as may be designated
in such warrant for such books, papers and property as belonged and appertained to the office
vacated and to seize and bring them before the officer issuing such warrant. (Code 1852, §158;
Code 1867, §197; Code 1876, §210; Code 1886, §305; Code 1896, §3137;
Code 1907, §1553; Code 1923, §2687; Code 1940, T. 41, §136.)...

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43-2-696
Section 43-2-696 Effect of transfer pursuant to affidavit. The person making payment, delivery,
transfer or issuance of personal property or evidence thereof pursuant to the affidavit prescribed
in section 43-2-694 shall be discharged and released to the same extent as if made to a personal
representative of the decedent, and he shall not be required to see the application thereof
or to inquire into the truth of any statement in the affidavit if made by any other person.
If any person to whom such affidavit is delivered refuses to pay, deliver, transfer or issue
any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer
or issuance compelled in an action brought for such purpose by or on behalf of the person
entitled thereto under sections 43-2-692 and 43-2-695 upon proof of the defeasible right declared
by such sections. Any person to whom payment, delivery, transfer or issuance is made shall
be answerable and accountable therefor to any personal...
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6-5-155.6
Section 6-5-155.6 Issuance of ex parte restraining order; service; inventory of property relating
to nuisance; violation of order; contempt of court. (a) The court, upon the application of
the plaintiff, may issue an ex parte restraining order, restraining the defendant and all
other persons from removing, or in any manner interfering with, the personal property and
contents of the place where the drug-related nuisance is alleged to exist, until a decision
of the court granting or refusing to grant a temporary injunction, or until further order
of the court. (b) The restraining order may be served by handing it to and leaving a copy
of the order with any person appearing to reside therein, or by posting a copy thereof in
a conspicuous place at or upon one or more of the principal doors or entrances to the place,
or by both delivery and posting. (c) The officer serving a restraining order shall forthwith
attempt to make and return to the court an inventory of the personal property and...
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6-6-120
Section 6-6-120 In aid of pending action. When an action has been commenced by the filing of
a complaint, whether a summons has been executed or not, the plaintiff, his agent, or attorney
may, at any time before judgment, sue out an attachment in aid of such action, upon making
affidavit and giving bond, as is required in the issue of original attachments, and all proceedings
on such attachments must be conducted as are proceedings on original attachments. Such attachment
may be sued out in any case in which an original attachment may be sued out and may be issued
by the officer having authority to issue original attachments. (Code 1852, §§2566, 2567;
Code 1867, §§2994, 2995; Code 1876, §§3319, 3320; Code 1886, §2967; Code 1896, §558;
Code 1907, §2958; Code 1923, §6206; Code 1940, T. 7, §879.)...
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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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6-6-294
Section 6-6-294 Retention of possession for one year by defendant if crop planted or growing
upon filing bond; force and effect of bond. (a) If the defendant has a crop planted or growing
on the premises and the court or jury finds for the plaintiff, they must also ascertain the
rental value of the premises during the current year, and no writ of possession can be issued
until the expiration of the year if the defendant executes a bond in double the amount of
such rent payable to the plaintiff, with surety approved by the clerk, conditioned to pay
the rent so assessed at the expiration of the year. (b) The bond must be filed in the office
of the clerk and, if the rent is not paid at the expiration of the year, has the force and
effect of a judgment; and thereon, execution for the amount of the rent must issue against
all the obligors or such of them as may be living. (Code 1852, §§2199, 2200; Code 1867,
§§2600, 2601; Code 1876, §§2949, 2950; Code 1886, §§2712, 2713; Code 1896,...
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6-6-392
Section 6-6-392 Bond required when garnishment in aid of pending action; exception as to Superintendent
of Banks. When the garnishment is in aid of a pending action, the plaintiff, his agent or
attorney must also give bond in double the amount claimed in the action, with sufficient surety,
to be approved by the officer issuing the writ, with condition that the plaintiff will prosecute
the garnishment to effect and pay the defendant all such damages as he may sustain from the
wrongful or vexatious suing out of such garnishment; and such bond, as to actions thereon,
is subject to the provisions of this code relating to actions on attachment bonds; provided,
however, that the Superintendent of Banks of the State of Alabama shall not be required to
give bond when garnishment is issued in aid of a pending action, which action is based on
a promissory note owned by a bank in the process of liquidation. Such Superintendent of Banks
or the liquidating agent of such bank in liquidation shall,...
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11-53B-8
Section 11-53B-8 Failure to make payment. If the property owner fails to pay the assessment
lien within 30 days, or having elected to make installment payments, fails to make any installment
payment when due, the whole assessment lien shall immediately become due and payable, and
the officer designated by the municipality to collect the assessment lien shall proceed to
sell the property against which the assessment lien is made to the highest bidder for cash,
but in no event less than the amount of the lien plus interest through the date of default.
Prior to the sale, notice shall be given by publication once a week for three consecutive
weeks in a newspaper published in the municipality or of general circulation therein, setting
forth the date and time of the sale and the purpose for which the same is made, together with
a description of the property to be sold. If the officer shall fail to advertise and sell
any property on which the payments are past due, any taxpayer of the issuing...
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13A-8-12
Section 13A-8-12 Defenses to prosecutions for theft and unauthorized use of vehicle. (a) It
is a defense to a prosecution under Sections 13A-8-2 through 13A-8-11 (theft of property,
theft of lost property, theft of services and unauthorized use of vehicle) that the actor
honestly believed that he had a claim to the property or services involved which he was entitled
to assert in the manner which forms the basis for the charge against him. (b) The burden of
injecting the issue of claim of right is on the defendant, but this does not shift the burden
of proof. (Acts 1977, No. 607, p. 812, §3230; Acts 1979, No. 79-664, p. 1163, §1.)...
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