12-19-95
Section 12-19-95 Collection, etc., of commissions on costs on executions by coroners or constables
generally. No coroner or constable shall collect or reserve commissions on costs taxed in
an execution put in his hands. The commissions allowed by law shall be collected or received
only on the principal, damages and interest of the execution. (Code 1852, §3062; Code 1867,
§3533; Code 1876, §5016; Code 1886, §3672; Code 1896, §1360; Code 1907, §3700; Code 1923,
§7262; Code 1940, T. 11, §6; Acts 1975, No. 1205, p. 2384, §16-139.)...
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45-37-123.194
Section 45-37-123.194 Prohibition against diversion of funds. (a) Except as provided below
and otherwise specifically required by law, it shall be impossible by operation of the plan
or of the trust agreement, by termination of either, by power of revocation or amendment,
by the happening of any contingency, by collateral arrangement, or by any other means, for
any part of the corpus or income of any trust fund maintained pursuant to the plan or any
funds contributed thereto to be used for, or diverted to, purposes other than the exclusive
benefit of members, former members, or their beneficiaries; and no funds of the system, whether
in cash, securities, or otherwise, nor any income or yield thereof, shall be subject to or
exacted on account of, any tax; and no retirement or disability allowance or right to return
of contributions, or other benefits payable as set forth in the plan, shall be assignable
or be subject to execution, levy, attachment, garnishment, or other legal process....
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6-6-256
Section 6-6-256 Assessment of value and damages and judgment - Trial of action. Upon the trial
the jury must, if it finds for the plaintiff, assess the value of each article separately,
if practicable, and also assess damages for its detention. If it finds for the defendant,
it must, in like manner, assess the value and, if in the possession of the plaintiff, assess
damages for its detention. Judgment against either party must be for the property sued for,
or its alternate value, with damages for its detention to the time of trial. (Code 1852, §2194;
Code 1867, §2595; Code 1876, §2944; Code 1886, §2719; Code 1896, §1476; Code 1907, §3781;
Code 1923, §7392; Code 1940, T. 7, §921.)...
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11-67-68
Section 11-67-68 Alternate abatement procedures; costs. (a) In the case of any property on
which overgrown grass or weeds have been previously abated or on which abatement has been
attempted through the process of posting notice on the property to be abated pursuant to Article
2 or this article, a municipality may adopt procedures different from the procedures provided
in Article 2 or this article to abate overgrown grasses and weeds for subsequent abatement.
(b) After the abatement of any overgrown grass or weeds pursuant to the procedures provided
in the ordinance adopted pursuant to this section, the reasonable costs of abatement shall
be assessed and collected as a weed lien in the same manner as provided in Section 11-67-66.
The municipality may assess the reasonable costs authorized against any lot or lots or parcel
or parcels of land purchased by the State of Alabama or any purchaser at any sale for the
nonpayment of taxes, and where an assessment is made against a lot or lots...
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12-22-24
Section 12-22-24 Bond on appeal of order removing executor or administrator. (a) No appeal
can be taken from any order of the probate court removing an executor or administrator unless
the applicant gives either a cash bond or a bond with at least two good and sufficient sureties,
payable to the probate judge and in the amount fixed by him, not less than the amount of his
bond as executor or administrator, conditioned to prosecute the appeal to effect and, until
the same is decided, faithfully to discharge his duties as such executor or administrator.
(b) If such appeal is decided against the appellant, any cash bond posted or part thereof
may be ordered forfeited for costs, or, if other than a cash bond was given, execution for
costs may issue against him and the sureties on such bond, their names being certified with
the record to the appellate court. (c) Such bond also stands as security for the faithful
discharge of his duties as such executor or administrator, from the time the...
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35-4-139
Section 35-4-139 Liability of judges and officers on bonds. If any judge of probate shall fail
to perform any of the duties required of him by this article, he shall be liable on his official
bond to any party injured for all damages he may sustain; and, if any sheriff, constable,
marshal, or other officer shall fail to file the notice provided for in this article, upon
the levy by him of any process on real estate, he shall be liable on his bond for all damages
resulting therefrom. (Acts 1915, No. 77, p. 122; Code 1923, §6883; Code 1940, T. 47, §71.)...

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42-2-9
Section 42-2-9 Appeal from assessment of damages. Either party may appeal from the assessment
of damages and compensation by the commissioners to the circuit court of the county within
30 days after the making of the order of condemnation, upon the report of the commissioners,
by filing in the court rendering the judgment a written notice of appeal, a copy of which
shall be served on the opposite party, and on such appeal the trial shall be de novo. No appeal
shall suspend the judgment if the applicant shall pay into court in money the amount of damages
assessed and give bond in double the amount so assessed, with good and sufficient surety,
to be approved by the judge of probate, to pay such damages as the owner may sustain. (Code
1907, §2423; Code 1923, §3157; Code 1940, T. 59, §13.)...
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6-10-34
Section 6-10-34 Contest of exemption claim - Proceedings when inventory discloses personalty
not embraced by claim of exemption. When, on a contest of a claim of exemption to personal
property, an inventory filed by the defendant on the plaintiff's demand discloses other personal
property owned by the defendant and subject to sale under process not embraced in the claim
of exemption, the defendant, at the time of filing the inventory, shall deliver such property
to the officer making the levy, who shall, whether he has returned the process or not, in
case of an execution sell the property as in other cases and apply the proceeds to the satisfaction
of the execution or, in case of an attachment or other mesne process, shall hold the property
to await the final determination of the action. In either event, he shall make due return
of the facts to the court. (Code 1886, §2530; Code 1896, §2056; Code 1907, §4183; Code
1923, §7905; Code 1940, T. 7, §648.)...
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6-6-255
Section 6-6-255 Proceedings when officer fails to find and take property. If the officer fails
to find and take the goods and chattels, he may summon the defendant to appear as in other
cases, and the plaintiff may then declare and prosecute the action alone for the recovery
of the value of the property and damages for the taking and detention of the property as if
he had thus commenced his action by a complaint. (Code 1907, §3779; Code 1923, §7390; Code
1940, T. 7, §919.)...
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6-6-413
Section 6-6-413 Money or effects in hands of trustee; exception. (a) Money or effects of the
defendant in the hands of a trustee may be garnished and held subject to the validity of the
instrument creating the trust or the excess remaining in the trustee's hands after the execution
of the trust, if valid; but if the deed is held void, the trustee, if not guilty of actual
fraud, may retain for a debt due himself and must be protected so far as he has acted in good
faith under the trust before the service of the garnishment. (b) Personal property in the
custody of a trustee in bankruptcy, exempt to the bankrupt, cannot be garnished. (Code 1852,
§2523; Code 1867, §2950; Code 1876, §3275; Code 1886, §2951; Code 1896, §2181; Code 1907,
§4310; Code 1923, §8061; Code 1940, T. 7, §1005.)...
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