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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6-5-4
Section 6-5-4 Recovery of public moneys, funds or property. (a) The Governor may cause
actions to be commenced for the recovery of any public moneys, funds, or property of the state
or of any county which have been lost by the neglect or default of any public officer, which
have been wrongfully expended or disbursed by such officer, which have been wrongfully used
by such officer, or which have been wrongfully received from him. (b) In the event any public
officer or agent of the state or any depositary or custodian of public funds or moneys has
wrongfully used such funds or moneys, actions for the recovery thereof may be commenced before
any court having jurisdiction of the subject matter; and it shall not be ground of objection
to such an action that either, any, or all of the parties defendant do not reside within the
county or within the district in which such action is commenced. (c) Such action may be commenced
in any court of competent jurisdiction; and such officer or agent,...
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6-6-430
Section 6-6-430 Filing of bond; discharge of money or property from garnishment; proceedings
as if bond not executed; judgment; discharge of garnishee. (a) When garnishment has been issued
in aid of a pending action or upon a judgment, the defendant may make and file with the judge
or clerk issuing the garnishment bond in such sum as the judge or clerk may prescribe, not
exceeding twice the amount of the plaintiff's demand, payable to the plaintiff, with sufficient
surety, to be approved by such judge or clerk, conditioned to pay the amount for which the
garnishee may be found indebted or liable to the defendant and the cost of the garnishment.
Thereupon, the money or property in the hands of the garnishee is discharged from the garnishment
and the garnishee relieved of all liability therefor to the plaintiff; but the garnishee must
answer, and, except as is otherwise provided in this article, the case must proceed and be
determined as if such bond had not been executed. (b) If the...
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6-6-120
Section 6-6-120 In aid of pending action. When an action has been commenced by the filing
of a complaint, whether a summons has been executed or not, the plaintiff, his agent, or attorney
may, at any time before judgment, sue out an attachment in aid of such action, upon making
affidavit and giving bond, as is required in the issue of original attachments, and all proceedings
on such attachments must be conducted as are proceedings on original attachments. Such attachment
may be sued out in any case in which an original attachment may be sued out and may be issued
by the officer having authority to issue original attachments. (Code 1852, §§2566, 2567;
Code 1867, §§2994, 2995; Code 1876, §§3319, 3320; Code 1886, §2967; Code 1896, §558;
Code 1907, §2958; Code 1923, §6206; Code 1940, T. 7, §879.)...
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6-6-453
Section 6-6-453 Payment of indebtedness or liability to clerk; effect thereof; ordering
of deposit by court. (a) When the garnishee admits indebtedness or liability to the defendant
and the defendant has not executed bond for the dissolution of the garnishment, as provided
in Division 4 of this article, the garnishee may, by order of the court first had and obtained,
pay the amount of such indebtedness or liability or so much thereof as the court may direct
into the hands of the clerk, to be held subject to the judgment in the case. Such payment
has the effect to discharge the garnishee from liability for the amount so paid and interest
subsequently accruing thereon, but does not prevent the interposition and trial of collateral
issues as provided in Division 6 of this article. (b) The court may, in its discretion, direct
the clerk to deposit, pending the action, the money at interest in a bank authorized to receive
deposits of public funds. (Code 1896, §§2188, 2189; Code 1907,...
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11-81-115
Section 11-81-115 Bond of officer charged with collection of assessments; liability
of officer and members of governing body for diversion, misappropriation, etc., of funds.
(a) 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 said sinking funds provided for
in Section 11-81-114, and said bonds shall be increased and may be diminished from
time to time in order to comply with this provision. The cost of said increased bond shall
be paid by the municipality. Said official shall be liable on his official bond to any holder
of the bonds authorized to be issued under this division for any loss or injury to such holder
caused by the diversion by said officer of any fund or part thereof to the payment of any
bonds or coupons or indebtedness of the municipality other than the bonds and interest coupons...

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16-13-98
Section 16-13-98 Preference and payment of warrants and care of fund. All warrants issued
hereunder by a county or city board of education shall be payable solely from the county or
city board of education's apportioned share of the proceeds of the special tax in respect
of which they were issued, but this shall not prohibit their payment from any other funds
which may be available therefor under any other provision of law; provided, that in no event
shall such warrants be payable from such other funds if the effect thereof would be to subject
such warrants to any constitutional debt limit or to any constitutional requirement that they
be authorized by vote of the qualified voters. All warrants issued hereunder shall be preferred
claims against the county or city board of education's apportioned share of said tax as herein
provided. All valid pledges of the said tax heretofore made, whether made to secure warrants
or otherwise, shall remain valid and effective, and successive pledges...
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28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary
thereto or substituted therefor, and municipal and county licenses, there is hereby levied
a privilege or excise tax on every person licensed under the provisions of Chapter 3A who
sells, stores, or receives for the purpose of distribution, to any person, firm, corporation,
club, or association within the State of Alabama any beer. The tax levied hereby shall be
measured by and graduated in accordance with the volume of sales by such person of beer, and
shall be an amount equal to one and six hundred twenty-five thousands cents (1.625 cents)
for each four fluid ounces or fractional part thereof. (b) Collection. The tax levied...
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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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6-6-75
Section 6-6-75 Alias writs of attachment or new writs of garnishment. Alias writs of
attachment or new writs of garnishment may be issued without a renewal of the bond or affidavit
in cases where no property, or an insufficient amount thereof to satisfy the plaintiff's demand,
has been found, or when, pending the action, the plaintiff wishes to garnish other persons.
(Code 1852, §2560; Code 1867, §2988; Code 1876, §3313; Code 1886, §2955; Code 1896, §546;
Code 1907, §2946; Code 1923, §6194; Code 1940, T. 7, §867.)...
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