12-22-25
Section 12-22-25 Security for costs of appeal. In all other cases in which an appeal is taken
under the provisions of this division, the appellant, or someone for him, must give security
for the costs of such appeal, to be approved by the probate judge or the clerk of the circuit
court, as the case may be, and the names of such sureties must be certified with the record
to the appellate court, but the filing of security for costs is not a jurisdictional prerequisite.
If the appellant fails to prosecute his appeal or the judgment is not reversed or is entered
against him for a less amount than the judgment of the court from which the appeal is taken,
execution may issue against him and such sureties for the costs of the appeal. (Code 1852,
§1898; Code 1867, §2257; Code 1876, §3967; Code 1886, §3647; Code 1896, §464; Code 1907,
§2862; Code 1923, §6121; Code 1940, T. 7, §782.)...
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17-16-53
Section 17-16-53 Contest of senator or representative in Legislature - Costs taxed. The package
mailed by the clerk must be opened by the presiding officer and presented to the house over
which he or she presides for such action as such house may deem proper. On the determination
of the contest, the Secretary of the Senate or the Clerk of the House, as the case may be,
must certify the result thereof to the clerk of the court in which the statement of contest
was filed. The certificate must be filed in the office of the clerk and shall have the force
and effect of a judgment against the unsuccessful party for the costs of the contest. And
the clerk having taxed the costs, allowing the fees and costs allowed for similar services
in civil cases at law, must issue execution for the amount thereof in the name of the successful
party. If the party contesting the election is the unsuccessful party, the unsuccessful party
sureties must pay the costs of the contest. (Code 1896, §1692; Code...
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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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6-6-253
Section 6-6-253 Interpleader by defendant of adverse claimant of property; force and effect
of bonds given. (a) If the defendant in a detinue action interpleads a claimant of the property
and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if
the defendant has retained possession of the chattels, giving bond, the court may order the
chattels to be delivered to such claimant on his giving bond with sufficient surety, to be
approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant
with condition that if he is not successful in the action he will, within 20 days thereafter,
deliver the chattels and pay all such damages as may be assessed for the detention thereof
and all costs adjudged against him. If such person refuses or neglects to give such bond for
three days after service of his first pleading or motion in the action, the chattels must
be delivered to the plaintiff on his giving bond with sufficient surety, to be...
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8-9A-8
Section 8-9A-8 Defenses, liability, and protection of transferee. (a) A transfer is not voidable
under Section 8-9A-4(a) against a person who took in good faith and for a reasonably equivalent
value or against any subsequent transferee or obligee who took in good faith. (b) Except as
otherwise provided in this section, to the extent a transfer is voidable in an action by a
creditor under Section 8-9A-7(a)(1), the creditor may recover judgment for the value of the
asset transferred, as adjusted under subsection (c), or the amount necessary to satisfy the
creditor's claim, whichever is less, or judgment for conveyance of the asset transferred.
The judgment may be entered against: (1) The first transferee of the asset or the person for
whose benefit the transfer was made; or (2) Any subsequent transferee other than a good faith
transferee who took for value or from any subsequent transferee. (c) If the judgment under
subsection (b) is based upon the value of the asset transferred, the...
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8-9B-9
Section 8-9B-9 Defenses, liability, and protection of transferee. (a) A transfer is not voidable
under Section 8-9B-5(a)(1) against a person that took in good faith and for a reasonably equivalent
value given the debtor or against any subsequent transferee that took in good faith. (b) To
the extent a transfer is avoidable in an action by a creditor under Section 8-9B-8(a)(1),
the following rules apply: (1) Except as otherwise provided in this section, the creditor
may recover judgment for the value of the asset transferred, as adjusted under subsection
(c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment
may be entered against: (i) the first transferee of the asset or the person for whose benefit
the transfer was made; or (ii) any subsequent transferee, other than: (A) a good-faith transferee
that took for value; or (B) a subsequent transferee of a person described in clause (A). (2)
Recovery pursuant to Section 8-9B-8(a)(1) or (b) of or from...
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28-4-288
Section 28-4-288 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending appeal; proceedings upon failure of bondsmen to deliver said vehicle, etc.,
upon affirmance of judgment upon appeal, etc. Whenever a conveyance, vehicle of any kind or
animal used in drawing the same is seized by an officer of the state under the prohibition
laws of this state and has been condemned by the circuit court that tried the action, the
defendant in the proceedings or the claimant of the property, pending an appeal to the Supreme
Court or Court of Civil Appeals, may, upon motion, have the court immediately appraise the
value of said property and of the several items separately and shall have the right to execute
a bond with two good sureties in double the appraised value of such property or of any item
or items thereof, to be approved by the clerk or register of the circuit court, conditioned,
in the event the appeal is affirmed or reversed and the conveyance, vehicle,...
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15-13-131
Section 15-13-131 Proceeding in forfeiture of bail - Not cash - Conditional forfeitures order.
(a) When a defendant fails to appear in court as required by the undertaking of bail and no
sufficient excuse has been provided to the court prior to the hearing, the court shall order
a conditional forfeiture and show cause order against the defendant and the sureties of the
bail. The court shall notify defendant and sureties of the order as set out in this article.
The defendant or sureties, or both, shall file a written response with the clerk of the court
within 28 days of the date of service of the notice why the bond should not be forfeited.
If a written response is filed within the time allowed and the court is of the opinion the
written response is sufficient, the court shall set aside the conditional forfeiture. If the
court is of the opinion the written response is not sufficient, the court shall set a hearing
to determine whether the bond should be forfeited. The hearing shall not...
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19-3-37
Section 19-3-37 Examination and auditing of account; judgment. Upon the day so appointed, or
any day to which the hearing may be continued, the register or clerk must proceed to examine
and audit the account; and upon such auditing, the assignor or any creditor or party in interest,
his representative or transferee, may move the register or clerk to charge the trustee with
sums other than those with which he has charged himself, or may object to the allowance of
any item for which he claims credit; and such matters must be heard and the account stated
and passed upon by the register or clerk and distribution made and judgment to creditors as
in insolvent estates administered in the court of probate; and after deducting the costs and
expenses of administration, including five percent commissions to the trustee on the amount
of money with which he is charged, and the allowance of reasonable charges for the preparation
of the deed of assignment, and after the discharge of all liens or...
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6-5-4
Section 6-5-4 Recovery of public moneys, funds or property. (a) The Governor may cause actions
to be commenced for the recovery of any public moneys, funds, or property of the state or
of any county which have been lost by the neglect or default of any public officer, which
have been wrongfully expended or disbursed by such officer, which have been wrongfully used
by such officer, or which have been wrongfully received from him. (b) In the event any public
officer or agent of the state or any depositary or custodian of public funds or moneys has
wrongfully used such funds or moneys, actions for the recovery thereof may be commenced before
any court having jurisdiction of the subject matter; and it shall not be ground of objection
to such an action that either, any, or all of the parties defendant do not reside within the
county or within the district in which such action is commenced. (c) Such action may be commenced
in any court of competent jurisdiction; and such officer or agent,...
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