6-6-45
Section 6-6-45 Execution of bond by plaintiff; discharge of levy. Such officer must, when the
attachment is sued out otherwise than upon the ground that the defendant is a nonresident,
further require the plaintiff, his agent, or attorney to execute a bond in double the amount
claimed, with sufficient surety, payable to the defendant, with the condition that the plaintiff
will prosecute the attachment to effect and pay the defendant all such damages as he may sustain
by the wrongful or vexatious suing out of such attachment. When the attachment is sued out
upon the ground that the defendant is a nonresident, such officer shall issue the writ with
or without a bond being given, as the plaintiff may elect. If such attachment is issued without
bond, that fact must be endorsed on the writ. Should the defendant before the return day thereof,
in person or through his agent or attorney, make an unqualified appearance in the case, it
is the duty of the clerk to issue notice to the plaintiff or...
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28-4-275
Section 28-4-275 Forfeiture and condemnation proceedings generally - Apportionment and taxing
of costs. If judgment shall be against only one party defendant appearing, he shall be charged
to pay all the costs of the proceeding in the seizure and detention of the liquors and beverages
and vessels and receptacles claimed by him and the costs of the trial. But if judgment shall
be entered against more than one party claiming distinct parts of or interests in said liquors
and beverages and vessels and receptacles, then the cost of the proceeding and trial may be
equitably apportioned among the defendants for the amount of cost to be adjudged against them
according to the discretion of the judge or court. In the event no one appears to contest
the complaint or if the complaint is not sustained and no judgment of forfeiture is obtained,
the costs shall be taxed and paid as costs are taxed and paid in criminal prosecutions wherein
the state fails, and this rule shall apply as to any separate...
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30-2-8
Section 30-2-8 Proceedings generally; right of remarriage. The proceeding must, in all respects,
be conducted as other civil actions, except as herein otherwise directed. The cause for which
the divorce is sought must be alleged in the complaint, to which the other party must be made
a defendant. If service by publication shall be made, when necessary, in the manner provided
in the Alabama Rules of Civil Procedure. In making his judgment, the judge shall, as the evidence
and the nature of the case may warrant, direct whether the party against whom the judgment
of divorce is made be permitted to marry again, and where in judgments no order is made disallowing
the party the right to marry again, the party shall be deemed to have the right to remarry,
subject to the restrictions set out in Section 30-2-10. In cases where the right is affirmatively
disallowed to the divorced party to remarry, it shall be competent for the judge, upon motion
and proper proof, to allow the moving party to...
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30-4-63
Section 30-4-63 Proceedings upon violation of terms of support order or probation bond. If
at any time the judge of the juvenile court is satisfied, by sufficient proof upon due notice
and hearing, that the defendant has violated the terms of any such order of support or the
terms of any such probation bond, said judge may forthwith, or after further probation, make
and enter an order setting aside such suspension of said judgment and sentence, and may issue
a warrant for the arrest of such defendant, and may, upon such arrest, commit him to jail
or to the sheriff of such county, to serve such sentence, as if same had never been suspended.
Said judge, in such contingency, shall have the right and authority, whether said defendant
is allowed further probation or not, to declare said bond or recognizance forfeited, and the
sum or sums recovered thereon shall be paid to the clerk of the juvenile court for the use
of defendant's wife or children, or both, in the same manner as other money...
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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...
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43-8-190
Section 43-8-190 Who may contest will; filing objections; making up issue; trial by jury. A
will, before the probate thereof, may be contested by any person interested therein, or by
any person, who, if the testator had died intestate, would have been an heir or distributee
of his estate, by filing in the court where it is offered for probate allegations in writing
that the will was not duly executed, or of the unsoundness of mind of the testator, or of
any other valid objections thereto; and thereupon an issue must be made up, under the direction
of the court, between the person making the application, as plaintiff, and the person contesting
the validity of the will, as defendant; and such issue must, on application of either party,
be tried by a jury. (Code 1852, §1634; Code 1867, §1953; Code 1876, §2317; Code 1886, §1989;
Code 1896, §4287; Code 1907, §6196; Code 1923, §10625; Code 1940, T. 61, §52; Code 1975,
§43-1-70.)...
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6-6-284
Section 6-6-284 Disclaimer of possession by defendant. Along with any other defenses he may
have in an action of ejectment or in an action in the nature of ejectment, the defendant may
disclaim possession of the premises sued for in whole or in part. If the defendant pleads
the defense of disclaimer only and no other, the plaintiff may take judgment or may take issue;
and, if the issue is found for him, he is entitled to judgment as if the defendant had, in
an action of ejectment, entered into the consent rule, confessing possession as well as lease,
entry, and ouster or, in an action in the nature of an action of ejectment, had admitted possession.
(Code 1852, §2213; Code 1867, §2614; Code 1876, §2963; Code 1886, §2699; Code 1896, §1533;
Code 1907, §3843; Code 1923, §7457; Code 1940, T. 7, §942.)...
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6-6-46
Section 6-6-46 When additional affidavit of special facts and circumstances to determine amount
of levy required; reduction of sum. When an attachment is applied for in the cases provided
for in the third and fourth subdivisions of Section 6-6-41, the judge, before issuing it,
must require the plaintiff, his agent or attorney, in addition to the affidavit and bond required
in other cases, to make affidavit in writing of the special facts and circumstances so as
to enable him to determine the amount for which a levy must be made, which sum may, at the
discretion of the court, be reduced at the return of the attachment, on affidavit of the defendant,
and the levy released to the amount of such reduction. (Code 1852, §2508; Code 1867, §2932;
Code 1876, §3257; Code 1886, §2934; Code 1896, §529; Code 1907, §2929; Code 1923, §6177;
Code 1940, T. 7, §850.)...
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6-6-600
Section 6-6-600 Judgment - Excluding defendant from office or franchise or prohibiting practice
of profession. When a defendant, whether a natural person or a corporation, against whom such
action has been commenced, is adjudged guilty of usurping or intruding into, or unlawfully
holding or exercising, any office or franchise or unlawfully practicing any profession, judgment
must be entered that such defendant be excluded from the office or franchise or be prohibited
from practicing such profession and that the plaintiff recover costs against such defendant.
Execution shall be issued on such judgment at the expiration of five days from the date thereof,
unless the defendant shall, within such time, take an appeal to the supreme court. Any violation
of any such order shall be a contempt of court. (Code 1852, §2665; Code 1867, §3093; Code
1876, §3433; Code 1886, §3178; Code 1896, §3432; Code 1907, §5465; Code 1923, §9944;
Code 1940, T. 7, §1148.)...
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6-9-23
Section 6-9-23 When execution to issue - Fraudulent disposal or removal of property by defendant.
After the entry of judgment and before the expiration of the time limited by the Alabama Rules
of Civil Procedure, on affidavit being made and filed that the defendant is about fraudulently
to dispose of or remove his property and that thereby the plaintiff will probably lose his
debt, the clerk or register must issue execution against the property of the defendant. (Code
1852, §2427; Code 1867, §2842; Code 1876, §3184; Code 1886, §2887; Code 1896, §1885;
Code 1907, §4083; Acts 1915, No. 206, p. 270; Code 1923, §7798; Code 1940, T. 7, §511.)...

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