Code of Alabama

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6-6-147
Section 6-6-147 Execution upon judgment by plaintiff. If the judgment of the plaintiff is not
satisfied by the property attached or by the garnishee, execution must issue thereon, which
may be levied on and satisfied by any property of the defendant; and the plaintiff may proceed
to a sale of the property attached by a writ of execution. (Code 1852, §2773; Code 1867,
§3001; Code 1876, §3326; Code 1886, §3003; Code 1896, §570; Code 1907, §2971; Code 1923,
§6219; Code 1940, T. 7, §892.)...
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28-4-275
Section 28-4-275 Forfeiture and condemnation proceedings generally - Apportionment and taxing
of costs. If judgment shall be against only one party defendant appearing, he shall be charged
to pay all the costs of the proceeding in the seizure and detention of the liquors and beverages
and vessels and receptacles claimed by him and the costs of the trial. But if judgment shall
be entered against more than one party claiming distinct parts of or interests in said liquors
and beverages and vessels and receptacles, then the cost of the proceeding and trial may be
equitably apportioned among the defendants for the amount of cost to be adjudged against them
according to the discretion of the judge or court. In the event no one appears to contest
the complaint or if the complaint is not sustained and no judgment of forfeiture is obtained,
the costs shall be taxed and paid as costs are taxed and paid in criminal prosecutions wherein
the state fails, and this rule shall apply as to any separate...
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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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6-6-163
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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6-6-411
Section 6-6-411 Executors and administrators. (a) Executors and administrators may be garnished
for debts due by the testator or intestate to the defendant and may have process of garnishment
in their representative character. (b) Executors and administrators may be garnished for debts
due by the legatees or distributees, but no judgment can be entered against them until a settlement
of the estate, unless they assent to the legacy or admit assets to pay the amount claimed
or some portion thereof out of the distributive share of the debtor. (Code 1852, §§2519,
2520; Code 1867, §§2946, 2947; Code 1876, §§3272, 3273; Code 1886, §§2948, 2949; Code
1896, §§2178, 2179; Code 1907, §§4307, 4308; Code 1923, §§8058, 8059; Code 1940, T.
7, §§1002, 1003.)...
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6-6-413
Section 6-6-413 Money or effects in hands of trustee; exception. (a) Money or effects of the
defendant in the hands of a trustee may be garnished and held subject to the validity of the
instrument creating the trust or the excess remaining in the trustee's hands after the execution
of the trust, if valid; but if the deed is held void, the trustee, if not guilty of actual
fraud, may retain for a debt due himself and must be protected so far as he has acted in good
faith under the trust before the service of the garnishment. (b) Personal property in the
custody of a trustee in bankruptcy, exempt to the bankrupt, cannot be garnished. (Code 1852,
§2523; Code 1867, §2950; Code 1876, §3275; Code 1886, §2951; Code 1896, §2181; Code 1907,
§4310; Code 1923, §8061; Code 1940, T. 7, §1005.)...
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6-9-27
Section 6-9-27 Execution against plaintiff for costs. When execution against the defendant
is returned "no property found," execution may issue against the plaintiff, in the
name of the clerk or the register of the court, for all the costs created by him in obtaining
his judgment. (Code 1852, §2431; Code 1867, §2846; Code 1876, §3188; Code 1886, §2891;
Code 1896, §1889; Code 1907, §4090; Code 1923, §7805; Code 1940, T. 7, §518.)...
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6-6-370
Section 6-6-370 "Garnishment" defined. A "garnishment," as employed in
this article, is process to reach and subject money or effects of a defendant in attachment,
in a judgment or in a pending action commenced in the ordinary form in the possession or under
the control of a third person, or debts owing such defendant or liabilities to him on contracts
for the delivery of personal property, on contracts for the payment of money which may be
discharged by the delivery of personal property or on contracts payable in personal property;
and such third person is called the garnishee. (Code 1886, §2994; Code 1896, §2171; Code
1907, §4300; Code 1923, §8051; Code 1940, T. 7, §995.)...
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6-9-23
Section 6-9-23 When execution to issue - Fraudulent disposal or removal of property by defendant.
After the entry of judgment and before the expiration of the time limited by the Alabama Rules
of Civil Procedure, on affidavit being made and filed that the defendant is about fraudulently
to dispose of or remove his property and that thereby the plaintiff will probably lose his
debt, the clerk or register must issue execution against the property of the defendant. (Code
1852, §2427; Code 1867, §2842; Code 1876, §3184; Code 1886, §2887; Code 1896, §1885;
Code 1907, §4083; Acts 1915, No. 206, p. 270; Code 1923, §7798; Code 1940, T. 7, §511.)...

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6-6-430
Section 6-6-430 Filing of bond; discharge of money or property from garnishment; proceedings
as if bond not executed; judgment; discharge of garnishee. (a) When garnishment has been issued
in aid of a pending action or upon a judgment, the defendant may make and file with the judge
or clerk issuing the garnishment bond in such sum as the judge or clerk may prescribe, not
exceeding twice the amount of the plaintiff's demand, payable to the plaintiff, with sufficient
surety, to be approved by such judge or clerk, conditioned to pay the amount for which the
garnishee may be found indebted or liable to the defendant and the cost of the garnishment.
Thereupon, the money or property in the hands of the garnishee is discharged from the garnishment
and the garnishee relieved of all liability therefor to the plaintiff; but the garnishee must
answer, and, except as is otherwise provided in this article, the case must proceed and be
determined as if such bond had not been executed. (b) If the...
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