36-25A-9
Section 36-25A-9 Enforcement; hearings; penalties and remedies. (a) This chapter is designed
and intended to hold members of governmental bodies, and the bodies themselves, accountable
to the public for violations of this chapter. Therefore, enforcement of this chapter, except
a violation of Section 26-25A-3(a)(1), may be sought by civil action brought in the county
where the governmental body's primary office is located by any media organization, any Alabama
citizen impacted by the alleged violation to an extent which is greater than the impact on
the pubic at large, the Attorney General, or the district attorney for the circuit in which
the governmental body is located; provided, however, that no member of a governmental body
may serve as a plaintiff in an action brought against another member of the same governmental
body for an alleged violation of this chapter. The complaint shall be verified, shall state
specifically the applicable ground or grounds for the complaint as set out...
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6-11-3
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's fees;
periodic payments over period of years; specific findings; evidence of financial ability to
make payments; evidence of present value inadmissible. Where the damages assessed against
a defendant by the trier of fact include an award of future damages, the trial court shall
comply with the following in rendering its judgment in the case: (1) Judgment shall be entered
against the defendant for all past damages and punitive damages assessed against the defendant
by the trier of fact. (2) If the award of future damages assessed by the trier of fact is
$150,000 or less, the trial court shall enter judgment against the defendants for the amount
of such future damages. (3) If the award of future damages assessed by the trier of fact is
greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall
be entered against the defendant for $150,000 of such future damage. b. If,...
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6-6-461
Section 6-6-461 Effect of judgment for plaintiff as between garnishee and defendant. The judgment
condemning the debt, demand, money, or effects to the satisfaction of the plaintiff's demand
is conclusive as between the garnishee and the defendant to the extent of such judgment, unless
the defendant prosecutes to effect an appeal from such judgment, which he may do in his own
name; and, if such judgment is stayed by bond and the garnishee is notified of the fact, he
is not permitted to discharge such judgment pending the appeal. (Code 1852, §2563; Code 1867,
§2991; Code 1876, §3316; Code 1886, §2993; Code 1896, §2185; Code 1907, §4314; Code 1923,
§8065; Code 1940, T. 7, §1009.)...
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30-4-59
Section 30-4-59 Suspension of sentence; order of payment of support for wife or children; release
of defendant on probation; bond. At the trial on an entry of a plea of guilty, or after conviction
and after judgment and sentence has been imposed, as provided in this article, the judge of
the juvenile court in the first instance, or the judge of the circuit court on appeal and
trial de novo, may, in his discretion, suspend such judgment and sentence, and, having regard
to the circumstances and to the financial ability or earning capacity of the defendant, may
make an order, which shall be subject to change by the judge of the juvenile court, from time
to time, as circumstances may require, directing the defendant to pay a certain sum periodically
to the clerk of the juvenile court for the use of the defendant's wife or for the use of his
wife and child or children, or for the use of his child or children, and to release the said
defendant from custody on probation, upon his entering...
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35-11-21
Section 35-11-21 Enforcement. For the enforcement of such lien, the owners of such land or
their assignees, may have process of attachment from any court having jurisdiction of the
amount claimed leviable upon the timber upon which the lien exists: (1) When such claim is
due and the defendant, on demand, fails or refuses to pay the same. (2) Whether such claim
is due or not, when the defendant has removed any part of such timber from such land without
paying the stipulated price, or the value thereof, when no price has been stipulated, and
without the consent of the owners of such lands, or, if the claim has been assigned, without
the consent of the assignee. (3) Whether such claim is due or not, when the plaintiff has
good cause to believe that the defendant is about to remove any part of such timber from such
land without paying the stipulated price thereof, or, in the event no price has been stipulated,
the value thereof, and without the consent of the owners of such lands, or, if...
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6-5-146
Section 6-5-146 Service of complaint on and answer by defendants; granting of preliminary injunction.
(a) A copy of the complaint, together with a notice of the time and place of the hearing of
the application for a preliminary injunction, shall be served upon the defendants at least
five days before such hearing. If the hearing shall then be continued at the instance of any
defendant, the temporary writ as petitioned for shall be granted as a matter of course. (b)
Each defendant so notified shall serve upon the plaintiff or the attorney filing the complaint
a verified answer on or before the date fixed in said notice for said hearing, and such answer
shall be filed with the register or clerk of the court wherein such case is triable, but the
court or judge may allow additional time for answering, providing such extension of time shall
not prevent the issuing of said temporary writ as petitioned for. (Acts 1919, No. 53, p. 52;
Code 1923, §§9287, 9288; Code 1940, T. 7, §§1098,...
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6-5-466
Section 6-5-466 Revival in case of death of one or more defendants jointly sued. (a) The death
of one or more defendants jointly sued does not, as to the defendant dying, abate a claim
upon which an action has been filed if the claim survives; but such a claim may be revived
against the proper representative of such defendant and such representative and the surviving
defendant or defendants may be proceeded against jointly or severally, at the election of
the plaintiff. (b) Under this section, the judgment entered must be several, but against a
personal representative, if he objects, judgment must not be entered until after the expiration
of six months from the grant of letters testamentary or of administration. (c) Under this
section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all,
except as to costs; but if requested, the plaintiff must assign, without recourse on him,
the judgment against a principal debtor to the party from whom satisfaction is...
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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...
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6-6-141
Section 6-6-141 Filing of complaint in actions begun by attachment - Issuance and service of
summons; default judgment. (a) Whenever a complaint is filed in an action begun by attachment,
whether at the time of suing out the attachment or subsequently thereto, a summons shall issue
upon the complaint in all respects, and with the same effect as if the action had been begun
by complaint. The issuance and service of such a summons shall in no manner affect the levy
or lien of the attachment or the enforcement thereof. (b) If the defendant appears and pleads,
the case proceeds as in actions commenced by complaint. If he fails to appear or, appearing,
fails to plead within the time required by law, the plaintiff may take judgment by default,
and the court may determine the amount of damages pursuant to the Alabama Rules of Civil Procedure,
if necessary. (Code 1852, §2572; Code 1867, §3000; Code 1876, §3325; Code 1886, §2996;
Code 1896, §562; Code 1907, §§2962, 2963; Code 1923,...
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6-6-161
Section 6-6-161 Return of writ, bond and affidavit; issue made up; burden of proof. The officer
making the levy must, except as otherwise provided in Sections 6-6-165 and 6-6-166, return
the writ, affidavit and bond to court to which it is returnable, when an issue must be made
up between the plaintiff in the writ and the claimant, in which the former must allege that
the property claimed is the property of the defendant in the writ and is liable to its satisfaction.
On the trial of such issue, the burden of proof is on the plaintiff. (Code 1852, §§2588,
2834; Code 1867, §§3017, 3280; Code 1876, §§3342, 3677; Code 1886, §§3005, 3366; Code
1896, §4142; Code 1907, §6040; Code 1923, §10376; Code 1940, T. 7, §1169.)...
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