|
6-6-282
Section 6-6-282 Actions by mortgagee, etc., against mortgagors, etc. If the action is by a
mortgagee or his assignee against the mortgagor, or anyone holding under him, the defendant
may plead payment of the mortgage debt or the performance of the condition of the mortgage,
or any matter which might be pleaded to a direct civil action for the recovery of the mortgage
debt, except the statute of limitations. The jury must pass upon such answers and must ascertain
the amount of the mortgage debt if any is found to exist. If the verdict is for the defendant,
judgment must be entered for him; but if the verdict ascertains an amount due on the mortgage
debt, judgment must be entered for the plaintiff for the possession of the land and the costs,
and the amount of the mortgage debt, as ascertained by the jury, must be stated in the judgment.
If, within 30 days after the entry of the judgment, the defendant shall pay to the plaintiff,
or to the clerk for his use, such debt, interest, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-282.htm - 1K - Match Info - Similar pages
6-6-700
Section 6-6-700 Entry of judgment against clerk, register, or their sureties. Judgment must,
in like manner, be summarily entered against the clerk of the circuit court and his sureties,
or either of them, and against the register in circuit court and his sureties, or either of
them, on three days' notice, in the following cases: (1) In favor of the plaintiff in execution
for failure to enter on the execution docket the return made upon an execution by the proper
officer, within three days after the return is made, for 20 percent on the amount of the execution
and interest thereon; (2) For failing on demand to pay over money received by him on any judgment
or paid into court, on a plea of tender, other plea, or by rule of court, for the sum so received
by him with five percent per month on the amount from the time of the demand; (3) For failing
to notify the plaintiff, his agent, or attorney under the provisions of Section 6-9-92, which
are made to apply to such clerk, of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-700.htm - 3K - Match Info - Similar pages
11-51-153
Section 11-51-153 Dissolution of injunction; reinstatement of injunction. After judgment is
entered against the respondent as provided by the terms of this division, an existing injunction
shall not be dissolved until the judgment and court costs taxed against the respondent are
satisfied and paid in full, unless the petitioner and respondent have agreed in writing on
a lesser amount necessary to satisfy the judgment and court costs, or until the respondent
shall have appealed and shall have executed a supersedeas bond to stay the execution of the
judgment, in the manner provided by the Alabama Rules of Appellate Procedure. All laws governing
appeals from money judgments are made applicable to this division except as they may be contrary
to any provision in this section. If the appeal is taken and the case reversed, the injunction
existing at the time of the appeal shall automatically be reinstated without the intervention
of the circuit court unless the appellate court otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-153.htm - 1K - Match Info - Similar pages
35-6-25
Section 35-6-25 Service of process on certain parties defendant; guardian ad litem; judgment
not affected by death of defendant; section cumulative. (a) When it is necessary to make any
person a party defendant in any partition proceedings brought under the provisions of this
article for partition sale of land, or any interest therein and the plaintiff, after exercising
reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such
defendant is alive at the time of the filing of the complaint, the facts showing just what
diligence the plaintiff has exercised must be specifically alleged in the complaint, and such
defendant may then be made a party, by publication as in the case of unknown defendants, in
his name followed by the words: " ____ and his heirs or devisees, if deceased."
If the defendant so sued does not appear in person or by attorney before expiration of the
time for filing pleadings in the case, the court shall appoint a guardian ad litem to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-25.htm - 1K - Match Info - Similar pages
6-5-486
Section 6-5-486 Optional method of payment of judgments in excess of $100,000. Where a plaintiff
recovers a judgment from a physician, dentist, or medical institution, as defined in Section
6-5-481, in an action for medical liability, and such judgment is in excess of $100,000, the
court, in its discretion, may order that: (1) There shall be deducted from the award, and
paid to the plaintiff, an amount sufficient to cover his out-of-pocket expenses as well as
his attorney's fee. (2) The remainder of the award shall be paid to the plaintiff in monthly
installments in an amount calculated to provide the plaintiff a lifetime income. (3) If the
plaintiff should die before payment of all of said award, the same income shall be paid to
the beneficiary of the plaintiff for the remainder of the payments due. (4) The defendant
file a surety bond with the court in an amount equal to the award remaining after the expenses
referred to in subdivision (1) of this section have been deducted. (Acts...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-486.htm - 1K - Match Info - Similar pages
15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-54.htm - 10K - Match Info - Similar pages
6-7-30
Section 6-7-30 Proceedings when defendant involved in bankruptcy. In any civil action in any
court in this state in which the defendant has been adjudicated a bankrupt, in which a defendant
has filed a petition in bankruptcy or against whom a petition in bankruptcy has been filed,
it shall be the duty of the court in which such civil action is pending to proceed with the
trial of such action, if leave to do so is granted by the bankruptcy court, and to enter judgment
in accordance with the law and the evidence in the case. The court in which such civil action
is pending shall also have authority, and it shall be its duty, to grant such stay of execution
against such defendant as may be appropriate or as may be provided for in the order of the
bankruptcy court, or to embody in the judgment entered in such case such provision as may
be appropriate, or as may be provided in the order of said bankruptcy court, so as to limit
the manner of enforcement of said judgment, or so as to limit the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-7-30.htm - 1K - Match Info - Similar pages
11-2-7
sureties on bonds. Any person or corporation who is surety upon the official bond of any county
official or county employee may discharge himself or itself of the suretyship upon making
sworn application in writing addressed to the official, county commission, board, or commission
required to approve the bonds, setting forth the reason for requesting discharge. Upon the
filing of the application, the official, board, or commission to whom the application is addressed
shall forthwith cause personal written notice to be served upon the county official
or county employee as principal fixing a day not less than 15 nor more than 30 days after
the date of the filing of the application requiring the county official or county employee
to provide a new bond. Upon the failure of the county official or county employee to provide
the bond within the time specified in the notice, he or she vacates his or her office or employment,
and the official, county commission, board, or commission giving...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-2-7.htm - 2K - Match Info - Similar pages
12-12-70
Section 12-12-70 Right of appeal and procedure for appeals generally; dismissal for failure
to appear. (a) Civil cases. Any party may appeal from a final judgment of the district court
in a civil case by filing notice of appeal in the district court, within 14 days from the
date of the judgment or the denial of a posttrial motion, whichever is later, or, if the appeal
is to an appellate court, within the time prescribed by the Alabama Rules of Appellate Procedure
or the Alabama Rules of Juvenile Procedure where applicable, together with security for costs
as required by law or rule. (b) Criminal cases. A defendant may appeal from a final judgment
of the district court in a criminal or quasi-criminal case by filing notice of appeal within
14 days from the date of judgment or from the date of denial of a post-trial motion, whichever
is later, together with such bond as may be fixed by the court, conditioned upon the defendant's
appearance before the circuit court; provided, however, that...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-12-70.htm - 5K - Match Info - Similar pages
30-5-7
modification of a protection order: (1) Enjoin the defendant from threatening to commit or
committing acts of abuse, as defined in this chapter, against the plaintiff or children of
the plaintiff, and any other person designated by the court. (2)a. Restrain and enjoin the
defendant from harassing, stalking, annoying, threatening, or engaging in conduct that would
place the plaintiff, minors, children of the plaintiff, or any other person designated by
the court in reasonable fear of bodily injury or from contacting the plaintiff or children
of the plaintiff. b. For the purposes of this subdivision, contacting includes, but is not
limited to, communicating with the victim verbally or in any written form, either in person,
telephonically, electronically, or in any other manner, either directly or indirectly through
a third person. (3) Restrain and enjoin the defendant from having physical or violent contact
with the plaintiff or the plaintiff's property, or from going within a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-7.htm - 7K - Match Info - Similar pages
|