Code of Alabama

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6-6-52
Section 6-6-52 When issued and executed on Sunday. Attachments may issue and be executed on
Sunday if the plaintiff, his agent or attorney, in addition to the oath prescribed for the
issue of such process, makes affidavit that the defendant is absconding, or is about to abscond,
or is about to remove his property from the state and gives the bond required in this article.
(Code 1867, §2941; Code 1876, §3266; Code 1886, §2943; Code 1896, §538; Code 1907, §2938;
Code 1923, §6186; Code 1940, T. 7, §859.)...
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6-4-4
Section 6-4-4 Commencement of action on Sunday. Whenever the plaintiff shall make an affidavit
that he is informed and believes that the defendant is about to abscond or to remove out of
the state, or is about to secrete himself so that service cannot be had upon him on the following
day, he shall be allowed to file his complaint in any of the courts of this state on Sunday.
Upon the filing thereof, a summons shall immediately issue and be served by the sheriff upon
the defendant on the same day of its issuance, and if he cannot be found on that day, then
it shall be served as any other summons and complaint. (Code 1907, §5298; Code 1923, §9416;
Code 1940, T. 7, §346.)...
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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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6-9-22
Section 6-9-22 When execution to issue - Prior to time prescribed. Upon the entry of judgment,
execution may be issued by leave of the court before the time prescribed in the Alabama Rules
of Civil Procedure for the issuing of executions, the plaintiff, his agent, or attorney showing
sufficient cause therefor by affidavit; but the defendant is not prevented thereby from moving
for a new trial nor deprived of any right he would otherwise have had. (Code 1852, §2426;
Code 1867, §2841; Code 1876, §3183; Code 1886, §2886; Code 1896, §1884; Code 1907, §4082;
Acts 1915, No. 206, p. 270; Code 1923, §7797; Code 1940, T. 7, §510.)...
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35-11-5
Section 35-11-5 Affidavit and bond required before issue of attachment. In all cases in this
chapter where the process of attachment is authorized, and unless otherwise particularly provided
for in the article declaring the lien, before such attachment shall issue, the plaintiff,
his agent or attorney must make affidavit setting forth the amount of such claim, or if a
toll is claimed, the reasonable value thereof, that one of the enumerated causes for attachment
prescribed in the applicable article exists, that the attachment is not sued out for the purpose
of vexing or harassing the defendant, whether or not the debt or toll is due, and if not,
when the same will be due, that said debt or toll remains unpaid, and must describe therein,
as near as practicable, the property on which the lien is claimed. He must also execute a
bond in double the amount claimed, with sufficient sureties to be approved by the officer
issuing the attachment, payable to the defendant and with the condition...
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2-2-31
Section 2-2-31 Seizure and condemnation of adulterated, misbranded or substandard article.
Any article, substance, material or product which is subject to the provisions of this article
which is adulterated, misbranded or under the standard, grade, weight or measure claimed,
within the meaning of any provision of law or rules and regulations under authority of law,
and which is manufactured for sale, held in possession with intent to sell, offered or exposed
for sale or sold or delivered within this state shall be liable to be proceeded against in
the circuit court of the county where the same is found and seized for confiscation by writ
of attachment for condemnation. Such writ shall issue upon the sworn complaint of the commissioner
or his duly authorized agent, taken by an officer authorized to administer an oath, to the
effect that such article or product is adulterated or misbranded or is under the standard,
grade, weight or measure claimed, as the case may be, within the meaning...
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32-8-87
Section 32-8-87 Dismantling, destroying, changing identity of vehicle; certificate requirements;
insurance claims; "total loss"; removal of identification numbers, plates, etc.;
transfer of salvage vehicles; inspections; "component parts"; rebuilt vehicles;
flood vehicles; online verifications. (a) Each owner of a motor vehicle and each person mentioned
as owner in the last certificate of title who scraps, dismantles, destroys, or changes the
motor vehicle in such a manner that it is not the same motor vehicle described in the certificate
of origin or certificate of title shall as soon as practicable cause the certificate of origin
or certificate of title, if any, and any other documents or information required by the department
to be mailed or delivered to the department for processing. The department shall, with the
consent of any holder of liens noted on the surrendered certificate, enter a cancellation
upon its records. Upon cancellation of a certificate of origin or certificate of...
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6-6-42
Section 6-6-42 Cases in which issued. In the following cases attachments may issue: (1) When
the defendant resides out of the state; (2) When the defendant absconds; (3) When the defendant
secretes himself so that the ordinary process of law cannot be served on him; (4) When the
defendant is about to remove out of the state; (5) When the defendant is about to remove his
property out of the state, so that the plaintiff will probably lose his debt or have to sue
for it in another state; (6) When the defendant is about fraudulently to dispose of his property;
(7) When the defendant has fraudulently disposed of his property; or (8) When the defendant
has moneys, property or effects liable to satisfy his debts which he fraudulently withholds.
(Code 1852, §2504; Code 1867, §2938; Code 1876, §3253; Code 1886, §2930; Code 1896, §525;
Code 1907, §2925; Code 1923, §6173; Code 1940, T. 7, §846.)...
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6-10-36
Section 6-10-36 Contest of exemption claim - Assessment of value of property and damages resulting
from detention on bond; judgment and execution on bond. When bond has been executed by the
plaintiff or defendant for the forthcoming of the property in contest, the value of the property,
and the damages resulting from its detention must be assessed by the court or jury trying
the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property
and pay the damages as required by the condition of the bond, it shall be the duty of the
sheriff to make due return of that fact; and, upon such return being made, the bond shall
have the force and effect of a judgment, and execution may issue thereon against the obligors
on the bond for the value of the property and the damages assessed, or either, and costs.
(Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code 1923, §7907;
Code 1940, T. 7, §650.)...
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6-6-121
Section 6-6-121 When defendants evade service of process; dismissal of attachment. (a) When
a summons has been returned "not found" as to all or any of the defendants, residents
of the county, if the plaintiff, his agent or attorney makes an affidavit that the defendant
has evaded the service of the process, the court must direct an attachment to issue, returnable
within 30 days after the levy thereof, and the case must in all respects proceed as against
such defendant as if originally commenced by attachment. (b) The plaintiff may, notwithstanding
such attachment, proceed to judgment against any of the defendants on whom process was served,
but upon a judgment and satisfaction of the debt or claim, the attachment shall be dismissed
at the costs of the plaintiff. (Code 1852, §§2568, 2569; Code 1867, §§2996, 2997; Code
1876, §§3321, 3322; Code 1886, §§2969, 2970; Code 1896, §§559, 560; Code 1907, §§2959,
2960; Code 1923, §§6207, 6208; Code 1940, T. 7, §§880, 881.)...
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