6-6-290
Section 6-6-290 Effect of judgment by default. A judgment by default against a defendant is
an admission of title in the plaintiff, but to recover costs against the defendant, the plaintiff
must prove defendant's possession of the premises, or some part thereof, at the commencement
of the action. (Code 1852, §2218; Code 1867, §2619; Code 1876, §2968; Code 1886, §2708;
Code 1896, §1548; Code 1907, §3852; Code 1923, §7466; Code 1940, T. 7, §951.)...
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2-2-31
Section 2-2-31 Seizure and condemnation of adulterated, misbranded or substandard article.
Any article, substance, material or product which is subject to the provisions of this article
which is adulterated, misbranded or under the standard, grade, weight or measure claimed,
within the meaning of any provision of law or rules and regulations under authority of law,
and which is manufactured for sale, held in possession with intent to sell, offered or exposed
for sale or sold or delivered within this state shall be liable to be proceeded against in
the circuit court of the county where the same is found and seized for confiscation by writ
of attachment for condemnation. Such writ shall issue upon the sworn complaint of the commissioner
or his duly authorized agent, taken by an officer authorized to administer an oath, to the
effect that such article or product is adulterated or misbranded or is under the standard,
grade, weight or measure claimed, as the case may be, within the meaning...
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6-6-293
Section 6-6-293 Judgment - Rent of premises after judgment and before possession. The plaintiff
may have judgment against the defendant for the rent of the premises which accrues after judgment
and before the delivery of possession by motion in the circuit court where the judgment was
entered, on 10 days' notice in writing, unless the judgment is stayed by appeal and bond,
in which case the motion may be made after affirmance of the judgment. (Code 1852, §2208;
Code 1867, §2609; Code 1876, §2958; Code 1886, §2711; Code 1896, §1551; Code 1907, §3855;
Code 1923, §7471; Code 1940, T. 7, §956.)...
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6-6-258
Section 6-6-258 Assessment of value and damages and judgment - Failure of defendant to appear
and plead. Upon the defendant's failure to appear and plead in such case, within the time
provided by law, the plaintiff may take judgment against the defendant for the property sued
for; and, upon proof that defendant was in possession of the property sued for at the time
of the service of the writ or at the commencement of the action, the plaintiff may also recover
of the defendant the costs in the case and the value of the use of the property while in the
possession of such defendant and may also have the jury to assess the value of the property
sued for and have judgment thereon for the alternate value thereof as is now provided by law.
(Acts 1911, No. 53, p. 33; Code 1923, §7406; Code 1940, T. 7, §936.)...
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12-21-1
Section 12-21-1 Production of books, etc., generally - By parties; failure to comply. (a) The
court may, on motion and due notice thereof, require the parties to produce books, documents
or writings in their possession, custody, control or power which contain evidence pertinent
to the issues. (b) If the plaintiff or prosecution fails to comply with such order, the court
may, on motion, give the like judgment for the defendant as in cases of dismissal; and, if
the defendant fails to comply with such order, the court may, on motion, give judgment against
him by default. (Code 1896, §§1859, 1860; Code 1907, §§4058, 4059; Code 1923, §§7774,
7775; Code 1940, T. 7, §§487, 488.)...
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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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6-6-286
Section 6-6-286 Proceedings upon defendant's suggestion of adverse possession. (a) When an
action is commenced to recover land or the possession thereof, the defendant may, at any time
before the trial, suggest upon the record that he, and those whose possession he has, have,
for three years next before the commencement of the action, had adverse possession thereof,
which must be construed to mean the same character of possession as will put in operation
the statute of limitations. In such case, if the jury finds for the plaintiff, it must also
ascertain by its verdict whether such suggestion is true or false. If the jury finds it to
be false, it must return a verdict for the damages as in ordinary cases. If the jury finds
it to be true, it must assess the value, at the time of trial, of the permanent improvements
made by the defendant, or those whose estate he has, and also ascertain by its verdict the
value of the lands and of the use and occupation thereof, not including the...
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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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6-6-251
Section 6-6-251 Service of process in action for recovery of household furniture and equipment;
effect thereof. When a detinue action is commenced under the provisions of this article for
the recovery of household furniture and equipment and the plaintiff, his agent, or attorney
has made an affidavit that the property sued for belongs to the plaintiff and that the plaintiff
is entitled to the immediate possession of said property by reason of a default in the payment
of the purchase price under a lease sale contract and has executed a bond as required by Section
6-6-250, the sheriff, or other officer authorized to serve process, may serve the summons
and complaint by leaving a copy thereof at the place where the household furniture or equipment
sued for is seized and taken from the premises by the officer serving the process; and such
service shall constitute sufficient service thereof on the defendant for the purpose of obtaining
a judgment against the defendant for the property sued...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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