12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From the
judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or
the defendant in any case, may appeal to the court of criminal appeals in like manner as in
cases of appeals for convictions of violation of the criminal laws of the state. If the appeal
is taken by the municipality, it shall not be required to give surety for the cost of appeal.
When taken by the defendant, he may give bail with sufficient sureties, conditioned that he
will appear and abide by the judgment of the appellate court; and, failing to give bail, he
must be committed to the municipal jail, but he may give such bail at any time pending the
appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the
judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the
undertaking of bail to surrender himself to the municipal authorities within...
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12-22-171
Section 12-22-171 Stay of sentence when question of law reserved and admission to bail - Misdemeanors.
When such question is reserved, in case of a misdemeanor, and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered on the conviction, but the execution thereof must be stayed pending the appeal.
In such case, the defendant may give bail, with sufficient sureties, conditioned that he will
appear and abide the judgment; failing to give such bail, he must be committed to jail, but
may give such bail at any time pending the appeal. (Code 1852, §754; Code 1867, §4305; Code
1876, §4981; Code 1886, §4512; Code 1896, §4319; Code 1907, §6250; Code 1923, §3243;
Code 1940, T. 15, §374.)...
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6-6-394
Section 6-6-394 Notice to defendant. When the defendant resides within the state and the garnishment
is issued on a judgment or in a pending action in which an appearance has not been entered
for the defendant, the officer issuing the garnishment must issue notice thereof to the defendant,
which notice must be served on him at least five days before judgment against the garnishee.
(Code 1896, §2176; Code 1907, §4305; Code 1923, §8056; Code 1940, T. 7, §1000.)...
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6-6-621
Section 6-6-621 Appointment - Appeal when appointed by register or clerk. When an order appointing
a receiver is made by the register or clerk, it shall be subject to appeal to the circuit
judge, which may be heard at any time. Such order must be suspended whenever the appellant
enters into bond with sufficient sureties, to be approved by the register or clerk, in such
sum as he shall prescribe, payable to the appellee and conditioned to pay the appellee all
such costs and damages as he may sustain in case the appeal is not prosecuted to effect. (Code
1867, §§730, 731; Code 1876, §§639, 640; Code 1886, §3535; Code 1896, §800; Code 1907,
§5727; Code 1923, §10114; Code 1940, T. 7, §1157.)...
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6-8-85
Section 6-8-85 Judgment for defendant - Permissive counterclaims. If the debt or demand permissively
counterclaimed exceeds the amount of the plaintiff's demand, the amount of such excess being
found by the jury or court trying the same, judgment must be entered against the plaintiff
for costs and in favor of the defendant for such excess, and where there is more than one
defendant and the debt or demand permissively counterclaimed belongs to only one defendant,
then judgment for such excess must be entered in favor of such defendant for such excess.
(Code 1852, §2241; Code 1867, §2643; Code 1876, §2992; Code 1886, §2679; Code 1896, §3729;
Code 1907, §5860; Code 1923, §10174; Code 1940, T. 7, §352.)...
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12-22-172
Section 12-22-172 Stays of execution on confessed judgments in misdemeanors. In the case of
a misdemeanor, the defendant may confess judgment, with sufficient sureties, for a fine and
costs as if no appeal were taken, but execution thereon must be stayed pending the appeal,
pursuant to the Alabama Rules of Appellate Procedure. If the judgment of conviction is reversed,
the confessed judgment is thereby vacated, but if the judgment of conviction is affirmed or
the appeal is dismissed, execution on such confessed judgment may issue at once. (Code 1896,
§4320; Code 1907, §6251; Code 1923, §3244; Code 1940, T. 15, §375.)...
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28-4-277
Section 28-4-277 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Persons entitled to appeal; bond for costs of appeal required; right to
jury trial; proceedings in circuit court. Any person appearing and becoming a party defendant
as provided in this article may appeal from the judgment of forfeiture and condemnation as
to the whole or any part of the liquors and beverages and vessels and receptacles claimed
by him and adjudged forfeited to the circuit court as in other cases appealed from a district
court to a circuit court, the appeal to be granted upon parties giving bond for the cost of
appeal, that will be incurred in the circuit court. Upon written demand being made therefor
endorsed on the appeal bond at the time said appeal is taken, the appellants may be entitled
to a jury for the trial of the action in the circuit court. Said circuit court shall proceed
with the case de novo and may cause suitable issues to be framed for the...
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35-6-121
Section 35-6-121 Delivery of shares. If all the parties consent in writing, the sheriff, immediately
after division is made, shall deliver to each party his share of the crops; but if such consent
is not given, the crops must be held by him until after the report of the commissioners has
been confirmed, when he shall deliver the same to the parties entitled thereto, unless a supersedeas
bond on appeal is given. (Code 1876, §3529; Code 1886, §3276; Code 1896, §3201; Code 1907,
§5247; Code 1923, §9351; Code 1940, T. 47, §244.)...
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37-1-133
Section 37-1-133 Appeal by commission or State. If the Public Service Commission or the State
of Alabama shall appeal from a judgment annulling or suspending any rates or orders, it shall
not be required to give any security for the costs of said appeal or any bond or undertaking
to supersede the judgment. The appeal of the Public Service Commission or the State of Alabama
without such bond shall have the effect of superseding the judgment and the rate or rates,
or order or orders, complained of or annulled or suspended by the judgment, shall be and remain
the established rates or orders and shall be so regarded and observed until the judgment shall
be affirmed and the said rates or orders annulled or suspended by the supreme court unless
a supersedeas bond is continued in effect. (Code 1907, §5688; Code 1923, §9680; Code 1940,
T. 48, §91.)...
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6-10-32
Section 6-10-32 Contest of exemption claim - Judgment. If the plaintiff fails to appear in
support of his contest or if on the trial all the property in contest is found exempt, judgment
must be entered against the plaintiff for the costs of the levy and contest and releasing
the property from the levy, but if the defendant fails to appear in support of his or her
claim of exemption or if on the trial any of the property is found liable to the process,
judgment must be entered against the defendant for costs and condemning the property to sale.
(Code 1876, §2838; Code 1886, §2528; Code 1896, §2054; Code 1907, §4181; Code 1923, §7903;
Code 1940, T. 7, §646.)...
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