45-10-81
Section 45-10-81 Public law library; Law Library Fund. (a) The governing body of Cherokee County,
Alabama, may establish and maintain a public law library in the county, and, to accomplish
that purpose, may, from time to time, expend public funds of the county as are not required
by law to be expended for any other purpose or purposes: To provide suitable accommodations
and facilities therefor, to keep the same in a good state of maintenance and repair; and from
time to time, to provide such supplies, books, reports, and periodicals for the library, as
may be needed therefor, out of the proceeds of the special fund created by this section, or
for such other purposes as provided for in Section 11-25-13. (b) In order to provide a special
fund for the creation and maintenance of the library there shall be taxed as costs the sum
of five dollars and fifty cents ($5.50) in each civil or quasi-civil action at law, suit in
equity, criminal case, quasi-criminal case, proceedings on a forfeited...
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6-6-48
Section 6-6-48 By one nonresident against another nonresident. A nonresident of this state
may sue out an attachment against a nonresident for an existing debt or ascertained liability;
but the plaintiff, his agent or attorney is required, in addition to the oath necessary in
other cases, to swear that, according to the best of his knowledge, information and belief,
the defendant has not sufficient property within the state of his residence wherefrom to satisfy
the debt and must also give bond as in other cases, with surety resident in this state. (Code
1852, §2509; Code 1867, §2933; Code 1876, §3258; Code 1886, §2935; Code 1896, §530; Code
1907, §2930; Code 1923, §6178; Code 1940, T. 7, §851.)...
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6-6-482
Section 6-6-482 Writ to issue only after final judgments on actions ex contractu. The salary
referred to in this division is not subject to a writ of garnishment in aid of a pending action,
but such writ may issue only after final judgment, on which execution can issue, entered in
actions on contracts or growing out of contracts express or implied and being judgments ex
contractu. The judgment on which such writ can issue must be founded upon a debt, demand,
or claim against said defendant which originated subsequent to September 26, 1923. The salary
referred to in this division is not subject to writ of garnishment issued on judgments ex
delicto. (Acts 1923, No. 427, p. 575; Code 1923, §8091; Code 1940, T. 7, §1035.)...
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15-2-20
Section 15-2-20 Application; appeal from denial; when defendant's personal presence unnecessary.
(a) Any person charged with an indictable offense may have his trial removed to another county,
on making application to the court, setting forth specifically the reasons why he cannot have
a fair and impartial trial in the county in which the indictment is found. The application
must be sworn to by him and must be made as early as practicable before the trial, or it may
be made after conviction upon a new trial being granted. (b) The refusal of such application
may, after final judgment, be reviewed and revised on appeal, and the Supreme Court or Court
of Criminal Appeals shall reverse and remand or enter such judgment on the application as
it may deem right without any presumption in favor of the judgment or ruling of the lower
court on such application. (c) If the defendant is in confinement, the application may be
heard and determined without the personal presence of the defendant in...
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31-2-91
Section 31-2-91 Security for costs in certain actions against National Guard members to be
given by plaintiff. Any person bringing a civil or criminal action against a member of the
National Guard of this state for any act done while in discharge of his military duty shall
give security for the costs and reasonable attorney's fees incurred by the state or defendant
in defending the same, in the same manner and subject to the same regulations applicable in
the case of a nonresident plaintiff, and, if the plaintiff fails to recover, such attorney's
fees may be taxed with the costs and judgment therefor entered against him and his sureties
on the bond. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §120; Acts 1973, No.
1038, p. 1572, §92.)...
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12-16-13
Section 12-16-13 Charges moved for by parties; appeals; general charges. Charges moved for
by either party must be in writing and must be given or refused in the terms in which they
are written, and it is the duty of the judge to write "given" or "refused,"
as the case may be, on the document and sign his name thereto, which thereby becomes a part
of the record. Charges which are marked "given" by the trial judge must be taken
by the jury with them on retirement, and those "refused" must be retained by the
clerk. The court shall, after the conclusion of his charge to the jury, read such written
charges as he has given for the parties in a clear and audible voice, saying to the jury,
"these are instructions given you by the court at the request of the plaintiff or defendant,
as the case may be, and are correct statements of the law to be taken by you in connection
with what has already been said to you." The refusal of a charge, though a correct statement
of the law, shall not be cause...
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43-2-84
Section 43-2-84 Bond of applicant when administration committed to general administrator or
sheriff. (a) When administration is committed to the general administrator or sheriff, on
the application of a third person, such letters must not be granted unless such person enters
into bond, with surety, to be approved by the judge, to pay the fees and allowances made by
the court on such administration, if the property of the estate is insufficient therefor.
(b) If, upon the settlement of an administrator appointed under subsection (a), it appears
that sufficient assets of his intestate have not come to his hands to pay the costs and expenses
legally incurred in his administration, the probate court having jurisdiction of such administration
may enter a judgment and thereon issue execution against the obligors in the bond mentioned
in subsection (a), for any excess due above the assets in the hands of such administrator.
(Code 1852, §1691; Code 1867, §§2011, 2012; Code 1876, §§2373,...
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6-3-2
Section 6-3-2 Venue of actions - Against individuals. (a) In proceedings of a legal nature
against individuals: (1) All actions for the recovery of land, of the possession thereof,
or for a trespass thereto must be commenced in the county where the land or a material part
thereof lies. (2) All actions on contracts, except as may be otherwise provided, must be commenced
in the county in which the defendant or one of the defendants resides if such defendant has
within the state a permanent residence. (3) All other personal actions, if the defendant or
one of the defendants has within the state a permanent residence, may be commenced in the
county of such residence or in the county in which the act or omission complained of may have
been done or may have occurred. (b) In proceedings of an equitable nature against individuals:
(1) All actions where real estate is the subject matter of the action, whether it is the exclusive
subject matter of the action or not, must be commenced in the...
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6-6-250
Section 6-6-250 Duty of clerk to require taking of property by sheriff unless defendant gives
bond; disposition of property on failure to give bond. (a) When an action is commenced for
the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney makes
affidavit that the property sued for belongs to the plaintiff and executes a bond in such
sum and with such surety as may be approved by the clerk, with condition that if the plaintiff
fails in the action, he will pay the defendant all such costs and damages as he may sustain
by the wrongful complaint, it is the duty of the clerk to endorse on the summons that the
sheriff is required to take the property mentioned in the complaint into his possession unless
the defendant gives bond payable to the plaintiff, with sufficient surety, in double the value
of the property, with condition that if the defendant fails in the action he will, within
30 days thereafter, deliver the property to the plaintiff and pay all costs...
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6-6-597
Section 6-6-597 Addition of person rightly entitled to office; entry of judgment on such right;
delivery of books, papers, and property. (a) When the action is commenced against a person
for usurping an office, the name of the person rightly entitled to the office, with a statement
of his right thereto, may be added, and, when added, judgment may be entered upon the right
of the defendant and also upon the right of the party so alleged to be entitled or only upon
the right of the defendant, as justice may require. (b) If judgment is entered upon the right
of the person so alleged to be entitled and the same is in favor of such person, he is entitled,
after taking the oath of office and executing such official bond as may be required, to take
upon himself the execution of the office, and it is his duty, immediately thereafter, to demand
of the defendant all the books, papers, and property in his custody, or within his power,
belonging to the office. On refusal or neglect to deliver over...
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