6-6-431
Section 6-6-431 Bond in double amount; dissolution of garnishment and discharge of all garnishees;
judgment against obligors. (a) The defendant may, instead of the bond mentioned in Section
6-6-430, give bond in double the amount of the plaintiff's demand, payable to the plaintiff,
with sufficient surety, to be approved by the judge or clerk and conditioned to pay such judgment
as may be entered or ascertained to exist in favor of the plaintiff and against the defendant
in the case and costs of the action. Thereupon, the garnishment is dissolved and the garnishee
discharged and need not answer; and, upon the trial of the case, if judgment is entered or
ascertained to exist in favor of the plaintiff against the defendant, the court must also
enter judgment against the obligors in the bond for the amount of such judgment, interest
thereon and costs of the action. (b) The giving of the bond authorized in this section operates
to discharge all garnishees in the case, whether one or more....
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6-6-456
Section 6-6-456 Judgment and proceedings if possession of effects subject to levy and sale
admitted. If the garnishee admits the possession of effects of the defendant, the subject
of levy and sale under legal process, judgment of condemnation must be entered that such effects
be delivered upon demand after the entry of judgment in favor of the plaintiff in the original
action, or so much thereof as may be necessary to satisfy the judgment, and the sheriff must
make sale thereof. If the garnishee fails to deliver such effects to the sheriff on demand,
he must make return thereof to the clerk, who must thereupon issue an execution against the
garnishee in favor of the plaintiff for the amount of the judgment and costs. If, however,
such failure is without fault or negligence on the part of the garnishee, he may tender to
the plaintiff, his agent, or attorney the value of such effects; and, if such tender is refused,
he may obtain relief by supersedeas. (Code 1852, §§2542-2544; Code...
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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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43-2-812
Section 43-2-812 Judgment certified to probate court; execution for costs. If such judgment
is for the plaintiff, and it is shown to the court that such estate has been declared insolvent,
an order must be made to the effect that no execution issue on such judgment, but that the
same be certified to the proper probate court. Upon a certified copy of such judgment being
filed as a claim against the estate, it must be allowed with the costs against such estate,
unless shown to have been obtained by collusion; and when such judgment is certified, the
clerk may demand of the plaintiff payment of all costs incurred in obtaining the same. If
the plaintiff fails for 20 days after the judgment is so certified to pay such costs, execution
may issue against him for the same as in other cases. (Code 1852, §1860; Code 1867, §2209;
Code 1876, §2581; Code 1886, §2251; Code 1896, §319; Code 1907, §2795; Code 1923, §6034;
Code 1940, T. 61, §421.)...
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6-6-483
Section 6-6-483 Answer of state official garnished to show assent to judgment. Where an official
of the State of Alabama or other person designated in this division has been garnished, as
provided by Section 6-6-482, and answer has been filed by said person, in accordance with
the mandate of said writ, admitting that the said State of Alabama is due, or will be due,
the defendant in said garnishment proceedings money for salary and has said money ready for
payment when due, the said answer must also show the assent of said person that judgment may
be entered in said case for the amount shown in said answer or so much thereof as may be necessary
to satisfy plaintiff's judgment. In no case shall judgment against said official or other
person designated in this division as the agent of the state be entered on said answer or
in said garnishment proceedings unless such assent and consent to said judgment is shown in
said answer. When such final judgment is so entered, after trial of said...
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6-10-7
Section 6-10-7 Wages, salaries, or other compensation of laborers or employees for personal
services. (a) The wages, salaries, or other compensation of laborers or employees, residents
of this state, for personal services, shall be exempt from levy under writs of garnishment
or other process for the collection of debts contracted or judgments entered in tort in an
amount equal to 75 percent of such wages, salaries, or other compensation due or to become
due to such laborers or employees, and the levy as to such percentage of their wages, salaries,
or other compensation shall be void. The court issuing the writ or levy shall show thereon
the amount of the claim of the plaintiff and the court costs in the proceedings. If at any
time during the pendency of the proceedings in the court a judgment is entered for a different
amount, then the court shall notify the garnishee of the correct amount due by the defendant
under the writ or levy. The garnishee shall retain 25 percent of the wages,...
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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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6-5-284
Section 6-5-284 Instrument lost or destroyed by theft, etc.; evidence of loss, destruction
and contents; execution bond. (a) In an action commenced on a bond, note, bill of exchange,
or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is
made by the plaintiff of such loss or destruction and the contents thereof and that the same
has not been paid or otherwise discharged and accompanies the complaint, it must be received
as presumptive evidence both of the contents and loss or destruction of such instrument, unless
the defendant by answer, verified by affidavit, denies the execution of such bond, note, or
bill or the endorsement, acceptance, or the contents thereof, in which case proof of such
execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that
this section must not be so construed as to authorize an action for the recovery of bank notes
or bills issued to circulate as money and alleged to be lost or...
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12-22-21
Section 12-22-21 Other orders, judgments, or decrees. Appeal from the order, judgment or decree
of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court
in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the
Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the
circuit court in such cases shall be within the time hereinafter specified: (1) From the decree,
judgment or order on a contest as to the validity of a will, to be taken within 42 days after
the determination of the contest; (2) From the decree, judgment or order on an application
claiming the right to execute a will or administer an estate, to be taken within 42 days after
the hearing and decision of such application, unless the application was denied because the
applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason
of improvidence, intemperance or want of understanding, in...
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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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