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6-6-410
Section 6-6-410 Debt or demand on which action pending. A debt or demand which is subject to
garnishment may be reached and subjected though an action may be pending thereon; and if the
action is not pending in the court from which the garnishment issues, the court, on proof
by the garnishee of the pendency of the garnishment, must, on the entry of judgment, stay
execution until notified by the clerk of the court in which the garnishment or attachment
is instituted that final judgment has been entered, in which case he must make the appropriate
order according to whether the judgment is entered for the plaintiff or defendant. (Code 1852,
§2524; Code 1867, §2951; Code 1876, §3276; Code 1886, §2952; Code 1896, §2177; Code 1907,
§4306; Code 1923, §8057; Code 1940, T. 7, §1001.)...
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6-6-594
Section 6-6-594 Joinder - Alleged corporation as party defendant. When the action is against
persons acting as a corporation without being duly incorporated, the alleged corporation may
be joined as a party defendant, and such joinder does not admit its corporate existence or
otherwise prejudice the case of the plaintiff. A judgment and execution may go against it
by its alleged corporate name, as in other cases. (Code 1896, §3423; Code 1907, §5456; Code
1923, §9935; Code 1940, T. 7, §1139.)...
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11-2-29
Section 11-2-29 Requirement of additional bonds for county officers whose terms extended -
Rights and remedies of sureties on bonds among themselves. In any case when an additional
bond has been required, the sureties in either bond, who may have been compelled to make any
payment thereon for the principal obligor, have the same remedies against the sureties in
the remaining bonds as cosureties have against each other and may recover against such sureties
such an amount as shall be in the same proportion to the sum paid by the plaintiff as the
aggregate penalty of the two bonds bears to the penalty of the bond of the defendant, apportioning
the same among the solvent sureties. (Code 1852, §143; Code 1867, §182; Code 1876, §191;
Code 1886, §286; Code 1896, §3118; Code 1907, §1534; Code 1923, §2668; Code 1940, T. 41,
§67.)...
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11-51-151
Section 11-51-151 Notice and hearings; granting of injunctive relief. Upon the filing and presentation
of a petition as authorized in this division, it shall be the duty of the court to set a day
for the hearing of the action upon not less than 10 nor more than 15 days' notice thereof
to be given the respondents, the notice to be in such form as the court may direct, and at
such hearing, upon reasonable cause, to grant a temporary restraining order or preliminary
injunction restraining the respondents from further operation or conduct of the business,
occupation, trade, or profession, and no bond shall be required of the petitioner as a condition
thereto. The court shall not grant a temporary restraining order or preliminary injunction
unless it has reasonable cause to believe that the respondent owes a debt to the petitioner
for a privilege or business license or excise tax and that the petitioner has complied with
Section 11-51-150. The court shall, upon final hearing, if the proof...
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26-5-18
Section 26-5-18 Enforcement of orders or decrees of probate court against conservator, etc.
The court of probate may, by attachment, compel a conservator to obey its orders or decrees,
and all final decrees rendered against a conservator or against the personal representative
of the conservator on a final settlement have the force and effect of a judgement at law,
on which execution may issue against the conservator or his or her personal representative
and against the sureties of the conservator, whether the principal has signed the bond or
not, whether such settlement is voluntary or involuntary and whether such settlement is made
by the conservator while living or by his or her personal representative after his or her
death. Process of garnishment may issue from the court of probate upon such decrees in like
cases and manner as it may issue on judgments in courts of record and may, in like manner,
be prosecuted to judgment against the garnishee. (Code 1886, §2464; Code 1896,...
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35-11-227
Section 35-11-227 Actions by employees, etc.; defense by contractor. (a) If the action is by
an employee of the contractor, or by any person who has furnished to him material for the
building or improvement, the contractor shall be a necessary party defendant thereto; and
in such action on motion of the plaintiff, the owner or proprietor may be cited to answer
under oath how much was owing by him to the contractor on his contract with such contractor,
at the time of the service on him of the notice required by Section 35-11-218; and such answer
may be controverted, and proceedings had and judgment entered as in garnishment cases. (b)
When the lien is sought to be enforced by any person other than the contractor, it shall be
the duty of the contractor to defend the action at his own expense; and after notice of an
intention to file a statement of the lien, and pending the action, the owner or proprietor
may withhold from the contractor money sufficient to cover the amount claimed, and...
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41-9-85.5
Section 41-9-85.5 Provisional remedies. (a) The Securities Commission, acting on behalf of
a victim of a crime, may apply for any and all provisional remedies that are also otherwise
available to the victim. (b) The provisional remedies of attachment, injunction, receivership,
and notice of pendency available to the victim of the crime under existing law and the Alabama
Rules of Civil Procedure shall also be available to the Securities Commission in all actions
under this division. (c) Upon the filing of a motion for a provisional remedy, the moving
party shall state whether any other provisional remedy has previously been sought in the same
action against the same defendant. The court may require the moving party to elect between
those remedies to which it would otherwise be entitled. (Act 2019-538, §2.)...
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43-2-640
Section 43-2-640 Authorization to make distribution - Distribution by executor or administrator.
When the executor or administrator is satisfied that the estate is solvent, he may, after
six months from the date of the grant of letters testamentary or of administration, make distribution
of the whole or any part of the property without obtaining an order of court, or he may so
report it and obtain an order of distribution as to the whole, or any part of the property;
but, in such case, if the distribution or the order is made before a final settlement of such
estate, neither the distribution, the order, nor the proceedings thereon are a defense in
any action brought against such executor or administrator as such. (Code 1852, §1771; Code
1867, §2097; Code 1876, §2474; Code 1886, §2191; Code 1896, §259; Code 1907, §2724; Code
1923, §5963; Code 1940, T. 61, §365; Acts 1949, No. 614, p. 945.)...
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45-10-81
Section 45-10-81 Public law library; Law Library Fund. (a) The governing body of Cherokee County,
Alabama, may establish and maintain a public law library in the county, and, to accomplish
that purpose, may, from time to time, expend public funds of the county as are not required
by law to be expended for any other purpose or purposes: To provide suitable accommodations
and facilities therefor, to keep the same in a good state of maintenance and repair; and from
time to time, to provide such supplies, books, reports, and periodicals for the library, as
may be needed therefor, out of the proceeds of the special fund created by this section, or
for such other purposes as provided for in Section 11-25-13. (b) In order to provide a special
fund for the creation and maintenance of the library there shall be taxed as costs the sum
of five dollars and fifty cents ($5.50) in each civil or quasi-civil action at law, suit in
equity, criminal case, quasi-criminal case, proceedings on a forfeited...
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6-6-45
Section 6-6-45 Execution of bond by plaintiff; discharge of levy. Such officer must, when the
attachment is sued out otherwise than upon the ground that the defendant is a nonresident,
further require the plaintiff, his agent, or attorney to execute a bond in double the amount
claimed, with sufficient surety, payable to the defendant, with the condition that the plaintiff
will prosecute the attachment to effect and pay the defendant all such damages as he may sustain
by the wrongful or vexatious suing out of such attachment. When the attachment is sued out
upon the ground that the defendant is a nonresident, such officer shall issue the writ with
or without a bond being given, as the plaintiff may elect. If such attachment is issued without
bond, that fact must be endorsed on the writ. Should the defendant before the return day thereof,
in person or through his agent or attorney, make an unqualified appearance in the case, it
is the duty of the clerk to issue notice to the plaintiff or...
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