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35-9-35
Section 35-9-35 Affidavit and bond. Before such attachment is issued, the plaintiff, or his
agent or attorney must make affidavit, setting forth the amount that is or will be due for
rent and advances, or either, as the case may be, or, if the rent is not payable in money,
the value of the part of the crop or other things agreed to be paid as rent, that one of the
causes for issuing an attachment prescribed in section 35-9-34 exists, and that the attachment
is not sued out for the purpose of vexing or harassing the defendant; and must also execute
a bond in double the amount claimed, with sufficient surety, payable to the defendant, and
with condition that the plaintiff will prosecute the attachment to effect, and pay the defendant
all such damages as he may sustain from the wrongful or vexatious suing out of such attachment.
(Code 1876, §3473; Code 1886, §3062; Code 1896, §2709; Code 1907, §4740; Code 1923, §8805;
Code 1940, T. 31, §21.)...
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41-10-36
Section 41-10-36 Definitions. Unless the context requires otherwise, the terms defined in this
section shall have the following meanings for purposes of this division: (1) AFFECTED BOND.
Any obligation or portion thereof which is required under the terms of the code to receive
an allocation of the state ceiling as a condition for the exclusion of interest on such obligation
from the gross income of the recipient thereof for federal income tax purposes. (2) ALLOCATION.
An allocation of a portion of the state ceiling issued by the authority pursuant to the provisions
of this division. (3) APPLICATION. An application for an allocation, submitted by an issuer
under the provisions of this division. (4) APPLICATION FOR CARRYFORWARD ALLOCATION. Any application
filed with the authority seeking an elective carryforward of unused limitation for a "carryforward
purpose" as defined in Section 146(f)(5) of the code. (5) AUTHORITY. The State Industrial
Development Authority, a public corporation of...
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32-7-26
Section 32-7-26 Bond as proof of financial responsibility. (a) Proof of financial responsibility
may be furnished by a bond of a surety company duly authorized to transact business in this
state, or by a bond with at least two individual sureties each owning real estate within this
state and together having equities equal in value to at least twice the amount of such bond,
which real estate shall be scheduled in the bond and approved both as to title and value by
the judge of probate of the county in which such real estate is located. Such bond shall be
conditioned for payments in amounts and under the same circumstances as would be required
in a motor vehicle liability policy and shall not be cancelable except after 10 days' written
notice to the director. The principal and sureties shall execute and deliver an original and
one copy of such bond and schedule and, in addition, when the real property or any part thereof
listed or described in such schedule shall be located in more than...
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35-6-114
Section 35-6-114 When sheriff ordered to take possession of crops; forthcoming bond. (a) If,
at the time of filing such application, or afterwards, any party interested in the crops,
his agent or attorney, makes affidavit before the judge of probate that he has cause to believe
that the crops, or any portion thereof, will be removed, sold, consumed, or destroyed before
they can be divided, and gives bond, with sufficient surety, in double the value of the property
to be divided, payable to the defendant or defendants, with condition to pay all costs and
damages that may accrue from the wrongful filing of the application, the court shall order
the sheriff to take possession of such crops, and to safely keep the same until final disposition
thereof shall be made by the court, unless the other parties in interest, or some of them,
give bond, with sufficient surety, to be approved by the sheriff, in double the value of the
shares of those complaining, with condition for the delivery of...
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6-6-261
Section 6-6-261 Execution upon judgment. If the party in whose favor the judgment is given
is in possession of the property in controversy, he shall retain it or, if the property is
in possession of the officer seizing it, he shall deliver it to the successful party, and
a writ of execution will issue for the damages and costs of the action. If the property is
in possession of the losing party, the execution shall command the sheriff to take the property
in controversy and deliver it to the successful party and, if the property cannot be had,
that he make the value thereof out of the goods and chattels, lands and tenements of the party
and his sureties, if any, against whom the judgment is entered and shall command that he so
make the damages assessed and costs of the action. (Code 1907, §3782; Code 1923, §7393;
Code 1940, T. 7, §922.)...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-430.htm - 2K - Match Info - Similar pages
6-6-622
Section 6-6-622 Appointment - Posting of bond by applicant; recovery upon bond. (a) When application
is made to the circuit judge, register, or clerk for the appointment of a receiver, such circuit
judge, register, or clerk must, before making such appointment, require the applicant to enter
into bond, with surety, in such sum as the circuit judge, register, or clerk may prescribe,
payable to the opposite party, and to be approved by the judge, register or clerk, with condition
to pay all damages which any person may sustain by the appointment of the receiver if such
appointment is vacated or receiver removed or discharged because improvidently appointed.
(b) Any person damaged by the appointment of the receiver in the event such appointment is
vacated or discharged, as provided in subsection (a) of this section, may recover, by an action
upon such bond, in his own name, all damages so sustained, not exceeding the penalty of the
bond. (Code 1896, §§801, 802; Code 1907, §§5728,...
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39-1-1
Section 39-1-1 Bonds required of persons contracting for public works; commencement, etc.,
of actions upon bond by persons supplying labor, etc., to contractor; offer to accept judgment;
notice of completion of project by contractor and final settlement; applicability. (a) Any
person entering into a contract with an awarding authority in this state for the prosecution
of any public works shall, before commencing the work, execute a performance bond, with penalty
equal to 100 percent of the amount of the contract price. In addition, another bond, payable
to the awarding authority letting the contract, shall be executed in an amount not less than
50 percent of the contract price, with the obligation that the contractor or contractors shall
promptly make payments to all persons supplying labor, materials, or supplies for or in the
prosecution of the work provided in the contract and for the payment of reasonable attorneys'
fees incurred by successful claimants or plaintiffs in civil...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/39-1-1.htm - 6K - Match Info - Similar pages
6-10-25
Section 6-10-25 Declaration of claimed exemptions - Contesting of claims. A plaintiff, in person
or by his or her agent or attorney, may contest a claim of exemption after a declaration thereof
has been filed by making and filing with the officer holding the process an affidavit that,
in his belief, either the claim is invalid entirely or it is invalid in part or is excessive,
specifying wherein such invalidity or excess consists, and if excessive, also specifying the
property alleged to be in excess, to be, in all cases, the last named in the claim. If the
claim is of personal property, he or she must also deliver to the officer a bond in double
the value of the property sought to be levied on, with sureties to be approved by the officer,
payable to the defendant claiming the exemption and conditioned that if the plaintiff fails
in the contest, he or she will pay the defendant all such costs and damages as he or she may
sustain by reason of the wrongful institution of the contest....
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35-11-5
Section 35-11-5 Affidavit and bond required before issue of attachment. In all cases in this
chapter where the process of attachment is authorized, and unless otherwise particularly provided
for in the article declaring the lien, before such attachment shall issue, the plaintiff,
his agent or attorney must make affidavit setting forth the amount of such claim, or if a
toll is claimed, the reasonable value thereof, that one of the enumerated causes for attachment
prescribed in the applicable article exists, that the attachment is not sued out for the purpose
of vexing or harassing the defendant, whether or not the debt or toll is due, and if not,
when the same will be due, that said debt or toll remains unpaid, and must describe therein,
as near as practicable, the property on which the lien is claimed. He must also execute a
bond in double the amount claimed, with sufficient sureties to be approved by the officer
issuing the attachment, payable to the defendant and with the condition...
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