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6-6-250
Section 6-6-250 Duty of clerk to require taking of property by sheriff unless defendant gives
bond; disposition of property on failure to give bond. (a) When an action is commenced for
the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney makes
affidavit that the property sued for belongs to the plaintiff and executes a bond in such
sum and with such surety as may be approved by the clerk, with condition that if the plaintiff
fails in the action, he will pay the defendant all such costs and damages as he may sustain
by the wrongful complaint, it is the duty of the clerk to endorse on the summons that the
sheriff is required to take the property mentioned in the complaint into his possession unless
the defendant gives bond payable to the plaintiff, with sufficient surety, in double the value
of the property, with condition that if the defendant fails in the action he will, within
30 days thereafter, deliver the property to the plaintiff and pay all costs...
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6-6-254
Section 6-6-254 Return of bonds; liability of sheriff for failing to do so; compelling making
of return. All bonds taken under this article must be returned within 10 days thereafter to
the clerk of the court in which the action is pending, and, on failure, the sheriff is liable
to the successful party to the amount of the value of the property and damages for its detention
as assessed by the jury, with interest thereon from the entry of the judgment, to be recovered
on motion to the court in which such judgment was entered on three days' notice, or the sheriff
may, at any time, be compelled by attachment to make such return. (Code 1852, §2196; Code
1867, §2597; Code 1876, §2946; Code 1886, §2722; Code 1896, §1481; Code 1907, §3787;
Code 1923, §7398; Code 1940, T. 7, §927.)...
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6-9-1
Section 6-9-1 Executions on judgments; forms thereof. The party in whose favor a judgment is
entered, whether for debt, damages, or costs, for the satisfaction thereof, may, within 10
years thereafter, have a writ of execution against the lands and goods of the party against
whom such judgment is entered. When the judgment is for specific property or the alternate
value, or for the possession of lands, appropriate writs of execution may issue for the satisfaction
thereof. Such writs of execution must substantially conform to the following forms: (Form
of Writ of Execution) The State of Alabama, ___ County. To any Sheriff of the State of Alabama:
You are hereby commanded that of the goods and chattels, lands, and tenements of _____, you
cause to be made the sum of _____ dollars, which _____ recovered of him on the _____ day of
_____, 2__, by the judgment of the circuit (or district) court, held for the County of _____,
besides _____ dollars, costs of the action; and have the same to...
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32-7-2
Section 32-7-2 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them in this section, except in those instances where
the context clearly indicates a different meaning: (1) DIRECTOR. The Director of Public Safety
of the State of Alabama. (2) JUDGMENT. Any judgment which shall have become final by expiration
without appeal of the time within which an appeal might have been perfected, or by final affirmation
on appeal rendered by a court of competent jurisdiction of any state or of the United States,
upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle,
for damages, including damages for care and loss of services, because of bodily injury to
or death of any person, or for damages because of injury to or destruction of property, including
the loss of use thereof, or upon a cause of action on an agreement of settlement for those
damages. (3) LICENSE. Any license, temporary instruction...
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41-21-5
Section 41-21-5 Vesting of title to sets of code; duty of officers, employees, etc., of state
as to disposition of sets of code in custody thereof upon severance of connection with offices,
etc.; effect of failure to dispose of code in manner prescribed by section. Except those sets
of codes distributed to members of the Legislature and the Lieutenant Governor, the title
to all of the sets of the annotated code, the distribution of which to officers and offices
of the state and the several counties and municipalities thereof is provided for in this chapter,
shall forever remain in the State of Alabama and said sets shall never become the personal
property of any person or corporation, however long they shall have had possession thereof.
Officers, employees and agents of the state and of the several counties thereof to whom a
set of said annotated code is transmitted by the Secretary of State under the provisions of
this chapter, upon the severance of their connection with their...
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45-48-70.20
Section 45-48-70.20 Purchasing of used equipment prohibited. No used or secondhand trucks or
road machinery shall be purchased for the county, nor shall any purchase be made or any contract
of sale or lease-sale or for the leasing, renting, or hiring of any vehicles or other equipment
be entered into unless the contractor certifies that the sale price or the hire or rental
fee, as the case may be, charged Marshall County will not exceed the like charge made by him
or her to other counties for like equipment, or its use, during the year in which the contract
with Marshall County is made. If any such seller or lessor, during such period sells or leases
any like equipment to another county, then Marshall County shall be entitled to be reimbursed
the difference between the price it paid for such equipment or its use and the lowest charge
made to another county by such seller or lessor for like equipment or its use; and in addition
thereto to punitive damages in the sum of one thousand...
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41-16A-5
Section 41-16A-5 Permissible contract provisions; general and limited obligation distinction
may be made; allowable pledge payment sources; classification of entity's contracting and
contracts. (a) Alternative financing contracts may be for such term, provide for such renewal
or extension options, provide for such terminating events, provide for the payment of such
rentals, purchase installments, purchase price, and other amounts, and contain such other
terms, provisions, and conditions as the governmental entity shall deem appropriate, and without
limitation to the generality of the foregoing, may contain terms and conditions substantially
similar to any one or more of the following: (1) Provisions for the automatic renewal of the
alternative financing contract for one or more successive periods unless affirmative action
is taken by the governmental entity to terminate such alternative financing contract, and,
if desired, specifying the nature of such affirmative action sufficient to...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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12-13-43
Section 12-13-43 Maintenance of general direct and reverse indexes of instruments filed for
record; liability of probate judge for failure to comply with provisions of section. The probate
judge of each county in this state shall keep in his office four well-bound books of suitable
size and grade of paper in which to make a general direct and a general reverse index of each
instrument filed for record in his office, and two of said books shall be used for conveyances
of real property and two for conveyances of personal property and all other instruments entitled
to record in his office. In the general direct indexes he shall enter, in regular alphabetical
order, under appropriate title, the name of each maker of the instrument, the name of each
person to whom made, the date and character of such instrument and the date filed for record;
and, in the general reverse indexes, in like alphabetical order, under its appropriate title,
he shall enter the name of each person to whom the...
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25-5-1
Section 25-5-1 Definitions. Throughout this chapter, the following words and phrases as used
therein shall be considered to have the following meanings, respectively, unless the context
shall clearly indicate a different meaning in the connection used: (1) COMPENSATION. The money
benefits to be paid on account of injury or death, as provided in Articles 3 and 4. The recovery
which an employee may receive by action at law under Article 2 of this chapter is termed "recovery
of civil damages," as provided for in Sections 25-5-31 and 25-5-34. "Compensation"
does not include medical and surgical treatment and attention, medicine, medical and surgical
supplies, and crutches and apparatus furnished an employee on account of an injury. (2) CHILD
or CHILDREN. The terms include posthumous children and all other children entitled by law
to inherit as children of the deceased; stepchildren who were members of the family of the
deceased, at the time of the accident, and were dependent upon him or...
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