6-6-411
Section 6-6-411 Executors and administrators. (a) Executors and administrators may be garnished
for debts due by the testator or intestate to the defendant and may have process of garnishment
in their representative character. (b) Executors and administrators may be garnished for debts
due by the legatees or distributees, but no judgment can be entered against them until a settlement
of the estate, unless they assent to the legacy or admit assets to pay the amount claimed
or some portion thereof out of the distributive share of the debtor. (Code 1852, §§2519,
2520; Code 1867, §§2946, 2947; Code 1876, §§3272, 3273; Code 1886, §§2948, 2949; Code
1896, §§2178, 2179; Code 1907, §§4307, 4308; Code 1923, §§8058, 8059; Code 1940, T.
7, §§1002, 1003.)...
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12-14-5
Section 12-14-5 Admission to bail of persons charged with violations of municipal ordinances;
waiver of appearance bond. Municipal judges shall admit to bail any person charged with violation
of any municipal ordinance by requiring an appearance bond, with good security, to be approved
by the respective municipal judges or their designees, in an amount not to exceed $1,000.00,
and may, in their discretion, admit to bail such person on a personal recognizance bond, such
bonds to be conditioned on the appearance of such person before the judge on a day named therein
to answer the charges preferred against him. The municipal judge may waive an appearance bond
upon satisfactory showing that the defendant is indigent or otherwise unable to make bond.
(Acts 1975, No. 1205, p. 2384, §8-104; Acts 1989, No. 89-809, p. 1615, §1.)...
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12-22-196
Section 12-22-196 Entry of findings on minutes of court. If the trial judge is satisfied that
the defendant or petitioner is without sufficient funds, and has no reasonable way to procure
the same, necessary for the payment of court reporters' fees or the clerks' fees, he shall
cause said finding to be entered on the minutes of the court. If the trial judge finds to
the contrary, he shall also cause said findings to be entered on the minutes of the court,
stating his reasons therefor. If the trial judge finds that the defendant or petitioner is
unable to pay all of the court reporter's fees or all of the clerk's fees but is able to pay
a part, he shall cause to be entered upon the minutes of the court such finding and shall
state his reasons therefor and state the amount in money that the defendant or petitioner
can reasonably pay. (Acts 1961, Ex. Sess., No. 62, p. 1930, §6; Acts 1963, No. 525, p. 1129,
§6.)...
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15-13-22
Section 15-13-22 Qualifications for bail; bond required for bondsmen; qualification when sufficiency
of bail doubtful. (a) Each person signing as surety an undertaking of bail must be: (1) A
resident of this state; and (2) Worth, exclusive of property exempt from execution, the amount
expressed in the undertaking; but the court or magistrate, in taking bail, may allow more
than two persons to justify severally as bail in amounts less than that expressed in the undertaking,
provided the whole is equivalent to two sufficient bails. (b) The court or magistrate in taking
bail, in lieu of the foregoing, may allow a corporation, foreign or domestic, qualified to
do a bonding business in this state and authorized to execute the undertaking of bail, to
execute such bail. (c) Every person engaged in the business of making bail bonds and charging
therefor, except corporations qualified to do a bonding business in this state, shall be required,
in addition to all other requirements of this...
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15-13-8
Section 15-13-8 Limitation on number of applications; appeals to Court of Criminal Appeals;
procedure upon order of Court of Criminal Appeals admitting defendant to bail. (a) When an
application for bail is made to any circuit judge and is refused, no subsequent application
can be made, but the evidence in such case may be preserved for review on application to the
Court of Criminal Appeals. (b) When an order is made by the Court of Criminal Appeals admitting
a defendant to bail, the order must fix the amount of bail required and direct the same to
be taken by the court to whom the primary application was made or by the sheriff of the county
in which the defendant is confined. When such bail is ordered to be taken by a judge, the
sheriff having the custody of the defendant must carry him before such judge for that purpose.
(Code 1852, §§3673-3675; Code 1867, §§4242, 4243; Code 1876, §§4850, 4851; Code 1886,
§§4413, 4414; Code 1896, §§4355, 4356; Code 1907, §§6335, 6336;...
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19-3-22
Section 19-3-22 Hearing; order. On the day appointed, or on any other day to which such application
may be continued, if it appears that the applicant has a real, bona fide interest in the administration
of the trust, and that by the terms thereof, the trustee is not required to give bond with
surety, and that a majority in number and interest of all the creditors for whose benefit
such trust may be created do not oppose such application, the register or clerk must make
and enter an order requiring such trustee to give bond with at least two good and sufficient
sureties, payable to such register or clerk, in such sum as the register or clerk may prescribe,
subject to change on application to the judge, with condition for the faithful discharge of
all the duties of such trustee, which bond must be approved, filed and recorded in his office.
(Code 1886, §3551; Code 1896, §4154; Code 1907, §6056; Code 1923, §10393; Code 1940, T.
58, §10.)...
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34-35-7
Section 34-35-7 License fee; bond. (a) Each applicant for a transient merchant license must
include a license fee of $250 with the application, to be deposited in the county treasury
that issues the license. The license applicant must also execute a cash bond or a surety bond
issued by a corporate surety authorized to do business in this state in an amount that is
the lesser of $2,000 or five percent of the wholesale value of any merchandise or services
to be offered for sale. The surety bond must be issued in favor of the state and must be conditioned
that the applicant will pay all taxes due from the applicant to the state or to a political
subdivision of the state, any fines assessed against the applicant or the applicant's agents
or employees for a violation of this chapter, and any judgment rendered against the applicant
or the applicant's agents or employees in a cause of action commenced by a purchaser of merchandise
or services not later than one year after the date the...
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35-11-227
Section 35-11-227 Actions by employees, etc.; defense by contractor. (a) If the action is by
an employee of the contractor, or by any person who has furnished to him material for the
building or improvement, the contractor shall be a necessary party defendant thereto; and
in such action on motion of the plaintiff, the owner or proprietor may be cited to answer
under oath how much was owing by him to the contractor on his contract with such contractor,
at the time of the service on him of the notice required by Section 35-11-218; and such answer
may be controverted, and proceedings had and judgment entered as in garnishment cases. (b)
When the lien is sought to be enforced by any person other than the contractor, it shall be
the duty of the contractor to defend the action at his own expense; and after notice of an
intention to file a statement of the lien, and pending the action, the owner or proprietor
may withhold from the contractor money sufficient to cover the amount claimed, and...
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45-37-243.04
Section 45-37-243.04 Bonds or securities. (a) Any person before engaging in selling any alcoholic,
spirituous, vinous, or fermented liquors in any county subject to this subpart shall file
with the judge of probate, license commissioner, director of county department of revenue,
or other public officer performing like duties in such counties a bond in the approximate
sum of two times the average monthly tax estimated by such official which shall be due by
the applicant. The bond filed with such official shall be in such form and amount as may be
approved by such official. If a bond is filed, it shall be executed by a surety company licensed
and duly authorized to do business in Alabama, shall be payable to the county subject to this
subpart, and be conditioned upon the prompt filing of true reports, and the bond shall be
conditioned upon the payment by the applicant to the judge of probate, license commissioner,
director of county department of revenue, or other public officer...
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12-13-37
Section 12-13-37 Appointment of special judge when probate judge incompetent, absent, sick,
etc., generally; powers and duties of special judge and force, effect, etc., of judgments,
orders and decrees thereof. If in any matter or proceeding arising in the probate court or
in reference to which the judge thereof is required to exercise jurisdiction or authority
or to perform a duty the judge is incompetent for any legal cause or shall be absent, sick
or otherwise disqualified from acting, he or his chief clerk must certify the fact of incompetency,
absence, sickness or disqualification to the Chief Justice of the Alabama Supreme Court, and
the Supreme Court shall, upon such certificate, appoint a person possessing the qualifications
of a probate judge to act as special probate judge. Such special judge in relation to such
matter or proceeding shall have the jurisdiction and authority and discharge the duties of
the probate judge, and the judgments, orders and decrees made or rendered...
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