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15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following forms
of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they
are applicable, but they are not exclusive, and any other form sufficient at common law, under
the statutes or any analogous or kindred pleadings, where no form is provided in this Code,
may be used: (1) CAPTION. - The following caption may be used as a part of each of the following
forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM OF PLEA.
- Comes the defendant (in his own proper person, or by attorney) and for plea says: The state
ought not further to prosecute this indictment against him because _____ (stating matter constituting
the plea). And this the defendant is ready to verify and prays judgment that he be discharged
(or it may conclude, "and of this he puts himself upon the country," whenever appropriate).
___, defendant or attorney for defendant. (3)...
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6-5-641
Section 6-5-641 Certification of classes. (a) No class of civil litigants shall be certified
or recognized by any court of the State of Alabama unless there shall have been compliance
with the procedures for certification of the class set forth in this article. (b) As soon
as practicable after the commencement of an action in which claims or defenses are purported
to be asserted on behalf of or against a class, or as soon as practicable after such assertions
in an amended pleading, but in no event prior to the time allowed by law for each party (including,
but not limited to, counterclaim, cross-claim, and third-party defendants) to file an answer
or other pleading responsive to the complaint, counterclaim, cross-claim, or third-party claim,
the court shall hold a conference among all named parties to the action for the purpose of
establishing a schedule, in the same manner and to the same extent contemplated by Ala.R.Civ.P.
16, for any discovery in which the parties may wish to engage...
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6-5-755
Section 6-5-755 Recovery; contribution. (a) In an action against a manufacturer and one or
more other defendants, including other manufacturers, for death or injury to person or damage
to property arising out of an accident, the right of the plaintiff to recover jointly and
severally against such defendants found liable is preserved. (b) Notwithstanding subsection
(a), in an action arising out of such accident, if the respective or comparative responsibility
of tortfeasors is an issue, then the jury shall return special verdicts, or in the absence
of a jury the court shall make special findings, allocating the percentage of responsibility
attributable to each defendant found to have proximately caused the accident. (c) Responsibility
for the accident may be allocated to a nonparty in an action under the procedure described
in subsection (b) if each of the following requirements are satisfied: (1) A defendant affirmatively
pleads the responsibility of a nonparty as a proximate cause of...
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6-6-287
Section 6-6-287 Joinder of landlord as party defendant; continuation of action against tenant.
(a) When the land, the subject matter of the action, is in the possession of a tenant, the
landlord may be joined with the tenant as a party defendant. (b) When the action is against
a tenant, the landlord must be made a party to the action on motion of the tenant, or upon
the landlord's motion to intervene supported by his pleading showing, as a part thereof, that
the defendant is his tenant by demise in writing or is in the occupancy of the land sued for
with his consent, or of some portion thereof, which should be specified. When it appears to
the satisfaction of the court that the landlord is a nonresident, the action shall proceed
without delay against the tenant. (Code 1852, §2205; Code 1867, §2606; Code 1876, §2955;
Code 1886, §2700; Code 1896, §1534; Code 1907, §§3840, 3844; Code 1923, §§7454, 7458;
Code 1940, T. 7, §§939, 943.)...
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6-6-483
Section 6-6-483 Answer of state official garnished to show assent to judgment. Where an official
of the State of Alabama or other person designated in this division has been garnished, as
provided by Section 6-6-482, and answer has been filed by said person, in accordance with
the mandate of said writ, admitting that the said State of Alabama is due, or will be due,
the defendant in said garnishment proceedings money for salary and has said money ready for
payment when due, the said answer must also show the assent of said person that judgment may
be entered in said case for the amount shown in said answer or so much thereof as may be necessary
to satisfy plaintiff's judgment. In no case shall judgment against said official or other
person designated in this division as the agent of the state be entered on said answer or
in said garnishment proceedings unless such assent and consent to said judgment is shown in
said answer. When such final judgment is so entered, after trial of said...
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6-6-70
Section 6-6-70 On what property and persons; endorsement on writ; taking of property into possession.
Attachments may be levied on real estate, whether a fee simple or any less legal estate, or
on personal property of the defendant or may be executed by summoning any person indebted
to the defendant or liable to him on a contract for the delivery of personal property or for
the payment of money which may be discharged by the delivery of personal property or on a
contract payable in personal property or a person having in his possession, or under his control,
any money or effects belonging to the defendant; and the officer executing the writ must endorse
such levy or service thereon and, if practicable, take the property into his possession, unless
replevied as prescribed in Division 4 of this article. (Code 1852, §2516; Code 1867, §2943;
Code 1876, §3268; Code 1886, §2945; Code 1896, §540; Code 1907, §2940; Code 1923, §6188;
Code 1940, T. 7, §861.)...
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6-9-161
Section 6-9-161 Tendering value of restored property by bond obligors where same dead or destroyed.
When property is restored to the defendant on the execution of a forthcoming bond and the
same dies or is destroyed before the day for the delivery thereof without fault on his part,
the obligors in the bond may tender the value thereof to the plaintiff, his agent or attorney,
and if such tender is refused, the obligors in such bond may, on petition to the judge of
the circuit court, supersede the same. (Code 1852, §2470; Code 1867, §2890; Code 1876, §3217;
Code 1886, §2921; Code 1896, §1919; Code 1907, §4138; Code 1923, §7853; Code 1940, T.
7, §565.)...
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6-9-210
Section 6-9-210 Certificate of clerk or register to be filed with probate judge; registration
and indexing by probate judge. The owner of any judgment entered in any court of this state
or of the United States held in this state may file in the office of the judge of probate
of any county of this state a certificate of the clerk or register of the court by which the
judgment was entered, which certificate shall show the style of the court which entered the
judgment, the amount and date thereof, the amount of costs, the names of all parties thereto
and the name of the plaintiff's attorney and shall be registered by the judge of probate in
a book to be kept by him for that purpose, which said register shall also show the date of
the filing of the judgment. Said judge shall make a proper index to said book, which shall
also show under the proper letter or letters of the alphabet the names of each and every defendant
to said judgment, and such judgments shall be recorded in chronological...
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28-4-3
Section 28-4-3 Applicability of laws as to possession, transportation or delivery of prohibited
liquors to possession or receipt of wine, pure alcohol, etc., for sacramental purposes, domestic
use, etc., generally. The laws against possession, transportation or delivery of prohibited
liquors shall not apply to the possession of wine or cordial made from grapes or other fruit
when the grapes or other fruit are grown by the person making the same for his own domestic
use upon his own premises in this state and when such person keeps such wine or cordial for
his own domestic use on his own premises in any quantity not exceeding five gallons for one
family in 12 months, nor shall such laws apply to the receipt or possession of pure or grain
alcohol in nonprohibited quantities by persons who are permitted to buy, sell, use or possess
the same under existing laws of the state nor to the receipt or possession of wine for sacramental
purposes when received and possessed by an authorized person...
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6-5-284
Section 6-5-284 Instrument lost or destroyed by theft, etc.; evidence of loss, destruction
and contents; execution bond. (a) In an action commenced on a bond, note, bill of exchange,
or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is
made by the plaintiff of such loss or destruction and the contents thereof and that the same
has not been paid or otherwise discharged and accompanies the complaint, it must be received
as presumptive evidence both of the contents and loss or destruction of such instrument, unless
the defendant by answer, verified by affidavit, denies the execution of such bond, note, or
bill or the endorsement, acceptance, or the contents thereof, in which case proof of such
execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that
this section must not be so construed as to authorize an action for the recovery of bank notes
or bills issued to circulate as money and alleged to be lost or...
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