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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
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6-5-1
Section 6-5-1 Right to commence actions - Generally. (a) The state may commence an action in
its own name and is entitled to all remedies provided for the enforcement of rights between
individuals without giving bond or security or causing an affidavit to be made, though the
same may be required as if the action were between private citizens. (b) The district attorney
of the circuit in which an action by the state is pending must attend to the same on the part
of the state, and the Governor of the state may employ assistant counsel if he deems it necessary.
The written direction of the Governor to the attorney of record is sufficient authority for
commencing such an action, and the trial judge may determine the amount of compensation. If
unsuccessful, the state is liable for costs as individual parties are. (c) Actions commenced
by the state are to be governed by the same rules as in actions between individuals. (Code
1852, §2137; Code 1867, §§2533, 3323; Code 1876, §§2902, 3755;...
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5-5A-44
Section 5-5A-44 Acquisition of majority of voting shares of a bank; procedure. (a) No person,
acting directly or indirectly or through or in concert with one or more persons, may acquire
control of a state bank or of any corporation or other entity having control of a state bank,
unless an application is filed with the superintendent for review of the proposed transaction
and for his or her action, if any, as provided in this section. (b) The application shall
be on a form prescribed by the superintendent and shall be made under oath. The application
must contain all information that the superintendent by regulation requires to be furnished
in an application, as well as any information that the superintendent orders to be included
in the particular application being filed and shall be accompanied by the filing fee prescribed
by the Banking Board. For the purposes of this section, the Banking Board may reduce or waive
any prescribed fees for applications where a change of control...
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6-10-37
Section 6-10-37 Contest of exemption claim - Garnishment of money, choses in action or personal
property. When money, choses in action or personal property are garnished and the defendant
claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing,
verified by oath, in the court in which such proceedings are pending, accompanied by a statement
setting forth the personal property, choses in action, and money and the location and value
thereof, as required in the statement to be filed under the provisions of Section 6-10-29.
Such claim the plaintiff, in person or by his agent or attorney, may contest as in cases of
contest after declaration filed, and such contest shall be tried and determined as other contests
of claims of exemptions are tried and determined. If the defendant has notice of the garnishment,
the claim of exemption must be interposed before judgment of condemnation, but if not, such
judgment shall not operate to impair or affect his claim of...
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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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11-51-160
Section 11-51-160 Equitable attachment. In addition to the remedies provided in this division,
the petitioner also shall be entitled to an equitable attachment in aid of its civil action
under this division to collect a privilege, license, or excise tax due it, and no ground for
such attachment shall be necessary except that the respondent is due a privilege license or
excise tax which is delinquent in whole or in part, and no bond shall be required to be given
for such equitable attachment, but an oath as provided by Section 11-51-150 shall be sufficient.
(Acts 1936-37, Ex. Sess., No. 152, p. 169; Code 1940, T. 37, §771.)...
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37-1-130
Section 37-1-130 Superseding order - Order stayed and superseded upon giving bond; termination
of stay or supersedeas. After the required bond shall have been given, the order appealed
from shall be stayed and superseded, and it shall be lawful for the utility to charge the
rates, fares or charges which had been reduced by said order, or the rates, fares or charges
sought to be established by its petition, until the final disposition of said case. If said
utility shall fail after 30 days' written notice to give such additional bond at the end of
each six months, pending any appeal, the stay or supersedeas shall terminate, and the rates,
fares or charges established by statute or by the Public Service Commission or by the order
or action appealed from shall be revived and shall be the lawful rates pending all further
proceedings in the case. (Acts 1909, No. 42, p. 96; Code 1923, §9842; Code 1940, T. 48, §88.)...
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31-10-21.1
Section 31-10-21.1 Qualifications for tuition reimbursement applicants; priority of state educational
benefits; tuition rates; applicability of section; repayment of benefits. THIS SECTION WAS
RENUMBERED BY ACT 2018-406, THE CODIFICATION ACT, IN THE 2018 REGULAR SESSION, EFFECTIVE MARCH
28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. IT IS NOW SECTION 31-10-4.1. (a) Beginning
October 1, 2016, any member of the Alabama National Guard enrolled in a program leading to
a certificate, or an associate or bachelor's degree at an accredited public institution of
higher education, technical college, or community college within the State of Alabama may
apply for a tuition reimbursement benefit as provided for in this section if the applicant
under this chapter meets the following requirements: (1) The individual is 17 years of age
or over. (2) The individual is a member of the Alabama National Guard in good standing throughout
the period or semester for which that individual receives...
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37-1-128
Section 37-1-128 Superseding order - Amount of bond. The bond required to be filed as provided
in this subdivision in order to supersede an order of the commission shall be double the sum
estimated under Section 37-1-127, with two or more sureties, to be approved by the judge,
one of which may be a surety company, payable to the State of Alabama and conditioned to pay
all such loss or damage as any person, firm or corporation may sustain, including all such
excess rates, fares or charges as such person, firm or corporation may have paid pending the
appeal to the circuit court, or any subsequent appeal to the supreme court, in the event the
order or action of the commission shall be sustained. (Acts 1909, No. 42, p. 96; Code 1923,
§9840; Code 1940, T. 48, §86.)...
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11-88-107
Section 11-88-107 Bond of official charged with duty of collecting assessments; liability of
said official and board members for diversion or misappropriation of funds for payment of
bonds and coupons. The official charged with the duty of collecting assessments shall be required
to give bond, including the amount of any official bond which may have been required of him
by law, equal to not less than five percent of the total amount in the said sinking funds
provided for in Section 11-88-106 and the said bond shall be increased and may be diminished
from time to time in order to comply with this provision. The cost of the said increased bond
shall be paid by the authority. The said official shall be liable on his official bond to
any holder of the bonds authorized to be issued under this article for any loss or injury
to such holder caused by the diversion by the said officer of any fund or part thereof to
the payment of any indebtedness of the authority other than the bonds and...
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