15-6-24
Section 15-6-24 Requiring security to keep the peace by defendant; when court appearance required;
form of undertaking. (a) If there is just reason to fear the commission of an offense, the
defendant must be required to give security to keep the peace, in such sum as the circuit,
district or municipal court judge may direct, towards all the people of this state, particularly
the person against whom or whose property there is reason to fear the offense may be committed,
for such time as the judge may direct, though not more than 12 nor less than six months; but
the defendant must not be required to appear at any court unless he has actually committed
an offense cognizable in such court. (b) The undertaking to keep the peace may be, in substance,
as follows: "The State of Alabama,} We (here insert the names of the defendant and his
sureties), agree to pay to the ___ County.} State of Alabama $1,000.00 (or such sum as the
judge directs) if the said (here insert name of the...
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6-6-392
Section 6-6-392 Bond required when garnishment in aid of pending action; exception as to Superintendent
of Banks. When the garnishment is in aid of a pending action, the plaintiff, his agent or
attorney must also give bond in double the amount claimed in the action, with sufficient surety,
to be approved by the officer issuing the writ, with condition that the plaintiff will prosecute
the garnishment to effect and pay the defendant all such damages as he may sustain from the
wrongful or vexatious suing out of such garnishment; and such bond, as to actions thereon,
is subject to the provisions of this code relating to actions on attachment bonds; provided,
however, that the Superintendent of Banks of the State of Alabama shall not be required to
give bond when garnishment is issued in aid of a pending action, which action is based on
a promissory note owned by a bank in the process of liquidation. Such Superintendent of Banks
or the liquidating agent of such bank in liquidation shall,...
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15-13-64
Section 15-13-64 Surrender of defendant to sheriff required to exonerate bail; when new bail
allowed. To exonerate the bail, the surrender of the defendant must be made to the sheriff
of the county in which the court is held, to which the defendant is bound to appear or to
which the trial has been removed; and, if the charge is for a misdemeanor, the sheriff may
discharge him on his giving new bail; otherwise, he must keep him in jail until discharged
by law. (Code 1852, §700; Code 1867, §4251; Code 1876, §4860; Code 1886, §4430; Code 1896,
§4373; Code 1907, §6353; Code 1923, §3386; Code 1940, T. 15, §211; Acts 1949, No. 199,
p. 230.)...
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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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35-11-6
Section 35-11-6 Limitations; trial of cases of attachment. All cases arising under the provisions
of this chapter where the process of attachment is authorized for the enforcement of any lien
declared hereby, except in cases of agisters or trainer liens and the lien declared to the
owners of the stallions, jacks, bulls, etc., and, unless otherwise particularly provided for,
must be commenced within six months after the demand becomes due; and unless commenced within
that time, the lien is lost. All cases of attachment arising under the provisions of this
chapter shall stand for trial at the time and shall be tried in the manner and upon the notice
required in other attachment cases. (Code 1940, T. 33, §6.)...
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43-8-52
Section 43-8-52 Controversy as to advancements - Proceedings and answer upon death of distributee.
In case of the death of any distributee or heir alleged to have received advancements, his
legal representatives or heirs at law shall be required to report or answer in the same manner
as set forth in section 43-8-51; and if they are residents of this state, notice must be given
by citation, and if nonresidents, by publication, as provided for in cases embraced in section
43-8-51. If any of the heirs at law of such deceased distributee or heir are minors or persons
of unsound mind, the probate court must appoint a suitable guardian ad litem for them, who
shall deny the allegation contained in such application, and demand proof thereof. (Code 1867,
§1906; Code 1876, §2270; Code 1886, §1933; Code 1896, §1471; Code 1907, §3775; Code 1923,
§7386; Code 1940, T. 16, §22; Code 1975, §43-3-37.)...
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12-21-263
Section 12-21-263 Taking testimony of convict in penitentiary on interrogatories by defendant.
The defendant in any criminal prosecution may take the testimony of any convict in the penitentiary
on interrogatories and notice as in other cases of taking testimony by interrogatories, the
convict's answer being taken on oath and returned with the commission as in other cases, but
the notice in such case, with a copy of the interrogatories, must be served on the district
attorney of the circuit in which the prosecution is pending. (Code 1852, §368; Code 1867,
§3916; Code 1876, §4614; Code 1886, §4469; Code 1896, §5293; Code 1907, §7890; Code 1923,
§5628; Code 1940, T. 15, §301.)...
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15-15-44
Section 15-15-44 When plea on ground grand jurors improperly drawn to be filed; procedure when
plea sustained. A plea to an indictment, on the ground that the grand jurors by whom it was
found were not drawn in the presence of the officers designated by law must, if the accused
has been arrested, be filed at the session at which the indictment is found, and, if the accused
has not been arrested, it must be filed at the first session at which it is practicable after
the defendant's arrest; and, in all cases before a plea to the merits, if sustained, the defendant
must not be discharged but must be held in custody or bailed, as the case may be, to answer
another indictment at the same or the next session of the court, and the time elapsing between
the first and second indictments, in such case, must not be computed as a part of the period
limited by law for the prosecution of the offense. (Code 1852, §636; Code 1867, §4188; Code
1876, §4890; Code 1886, §4446; Code 1896, §5270; Code...
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15-16-24
Section 15-16-24 Special verdict of not guilty due to insanity; general verdict of not guilty
or verdict of conviction. If it shall appear from the evidence that a defendant did the act
charged as constituting the offense, but at the time of committing the act he was insane,
the jury shall render a special verdict to the effect that the defendant is not guilty by
reason of insanity, but if the jury does not believe from the evidence that the defendant
committed the act or if it believes from the evidence that he is not guilty upon any ground
other than his alleged insanity, it must return a general verdict of not guilty; otherwise,
it must return a verdict of conviction. (Code 1896, §4940; Code 1907, §7177; Code 1923,
§4574; Code 1940, T. 15, §424.)...
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6-6-455
Section 6-6-455 Proceedings when garnishee liable for delivery of personal property. If the
garnishee is liable for the delivery of personal property or for the payment of money which
may be discharged by the delivery of personal property, the value of the property must be
ascertained and a judgment entered against the garnishee that if he does not, by a day to
be fixed by the court which must be a day after the maturity of such contract, deliver such
property to the sheriff or other lawful officer, he must pay the value thereof or the sum
of money which was payable therein. Upon the return of the sheriff or such other officer that
such property was not delivered or the value thereof or such sum of money was not paid to
him as required by the judgment, execution must be issued for the ascertained value of such
property or for the sum of money payable therein, if the same is less than the amount of the
judgment against the defendant in the original action, or, if more or equal thereto,...
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