6-10-37
Section 6-10-37 Contest of exemption claim - Garnishment of money, choses in action or personal
property. When money, choses in action or personal property are garnished and the defendant
claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing,
verified by oath, in the court in which such proceedings are pending, accompanied by a statement
setting forth the personal property, choses in action, and money and the location and value
thereof, as required in the statement to be filed under the provisions of Section 6-10-29.
Such claim the plaintiff, in person or by his agent or attorney, may contest as in cases of
contest after declaration filed, and such contest shall be tried and determined as other contests
of claims of exemptions are tried and determined. If the defendant has notice of the garnishment,
the claim of exemption must be interposed before judgment of condemnation, but if not, such
judgment shall not operate to impair or affect his claim of...
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6-5-465
Section 6-5-465 Survival - Substitution of personal representative where no action filed. If
a claim upon which no action has been filed survives on the death of a defendant, substitution
of his personal representative may be effected under the Alabama Rules of Civil Procedure;
but final judgment must not be entered against a personal representative if he objects until
after the expiration of six months from the grant of letters testamentary or of administration.
(Code 1852, §2148; Code 1867, §2544; Code 1876, §2910; Code 1886, §2606; Code 1896, §41;
Code 1907, §2500; Acts 1915, No. 533, p. 605; Code 1923, §5716; Acts 1931, No. 717, p. 837;
Code 1940, T. 7, §154.)...
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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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6-6-594
Section 6-6-594 Joinder - Alleged corporation as party defendant. When the action is against
persons acting as a corporation without being duly incorporated, the alleged corporation may
be joined as a party defendant, and such joinder does not admit its corporate existence or
otherwise prejudice the case of the plaintiff. A judgment and execution may go against it
by its alleged corporate name, as in other cases. (Code 1896, §3423; Code 1907, §5456; Code
1923, §9935; Code 1940, T. 7, §1139.)...
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11-48-47
Section 11-48-47 Appeals from judgment of circuit court - By municipality - Issuance of execution
and order of sale upon entry of final judgment in favor of municipality. In the event the
final judgment is entered in favor of the city or town, execution may be issued thereon against
the principal and sureties on the appeal bond, unless the amount of the judgment is paid within
30 days from the date of such judgment, and the court shall, by further order, require that
the property assessed be sold to satisfy such judgment. Nothing contained in this article
shall operate to release or discharge the lien on such property unless the assessment is fully
paid. (Code 1907, §1400; Code 1923, §2215; Acts 1927, No. 639, p. 753; Code 1940, T. 37,
§556.)...
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17-16-60
Section 17-16-60 Contest not abated by death of contestant. In all contests of elections, such
contests are not abated by the death of the party commencing them before final judgment, if
any qualified elector appears in court and substitutes as a contestant and gives good and
sufficient security for the costs which have accrued or may accrue on the contest. But if
no qualified elector appears and proposes to substitute as the party contesting, the contest
abates on the death of the contesting party, and judgment must be rendered against the sureties
for the costs of the contest, which must be collected by execution in the name of the party
whose election was contested. In all cases the person whose election is contested, if the
successful party in such contest, is entitled to judgment for the cost thereof against the
party contesting and the sureties, for which execution may issue returnable to the court of
probate or to the circuit court, as the case may be. (Code 1896, §1701; Code...
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17-16-62
Section 17-16-62 Appeals - Costs. On the taking of an appeal as provided in Section 17-16-61,
the appellant must give bond and security for the costs thereof to be approved by the judge
of probate or clerk of the circuit court, as the appeal may be taken from the judgment of
the judge of probate or circuit court, and the appeal bond must be certified with the record
to the appellate court, and if judgment is entered confirming the judgment of the judge of
probate or of the circuit court, the Supreme Court must render judgment against the appellant
and his or her sureties for the costs. An appeal in any and all cases suspends the execution
of the judgment or decree of the judge of probate or of the circuit court. (Code 1896, §1703;
Code 1907, §477; Code 1923, §567; Code 1940, T. 17, §253; §17-15-35; amended and renumbered
by Act 2006-570, p. 1331, §83.)...
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24-1-40
Section 24-1-40 Exemption of authority property from mortgage foreclosures, levy, and execution
and judgment liens. No interest of the authority in any property, real or personal, shall
be subject to sale by the foreclosure of a mortgage thereon, either through judicial proceedings
or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages
provided for in Section 24-1-35. All property of the authority shall be exempt from levy and
sale by virtue of an execution, or other process, to the same extent as now enjoyed by the
properties of towns, cities, and counties of Alabama. No judgment against the authority shall
be a charge or lien upon its property, real or personal. The provisions of this section shall
not apply to or limit the right of obligees to foreclose any mortgage of the authority provided
for in Section 24-1-35 and, in case of a foreclosure sale thereunder, to obtain a judgment
for any deficiency due on the indebtedness secured thereby...
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24-1-78
Section 24-1-78 Exemption of authority property from mortgage foreclosures, levy, and execution
and judgment liens. No interest of the authority in any property, real or personal, shall
be subject to sale by the foreclosure of a mortgage thereon, either through judicial proceedings
or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages
provided for in Section 24-1-74. All property of the authority shall be exempt from levy and
sale by virtue of an execution, or other process, to the same extent as now enjoyed by the
properties of towns, cities, and counties of Alabama. No judgment against the authority shall
be a charge or lien upon its property, real or personal. The provisions of this section shall
not apply to or limit the right of obligees to foreclose any mortgage of the authority provided
for in Section 24-1-74 and, in case of a foreclosure sale thereunder, to obtain a judgment
for any deficiency due on the indebtedness secured thereby...
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6-10-29
Section 6-10-29 Contest of exemption claim - Filing of inventory by defendant; effect of failure
to file. On any contest of a claim of exemption to personal property, on the plaintiff's written
demand, made at any time, the defendant claiming the exemption shall, within 10 days, file
a full and complete inventory, duly verified by oath, of all his or her personal property,
except the wearing apparel, portraits, pictures, and books specifically exempted from levy
and sale, with the value and location of each item of such property, of all money belonging
to him or her, whether in his or her possession or held by others for him or her, and of all
debts and choses in action belonging to him or her or in which he or she is beneficially interested,
with the value of each of them. If such inventory is not filed within the time prescribed,
the plaintiff shall not be required to tender an issue on the claim, but the court must enter
judgment by default against the defendant, unless good and...
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