43-2-353
Section 43-2-353 Revival of pending action considered as presentation. The revival of any action
pending against any person at the time of his death, which by law survives against his personal
representative, by notice served on the executor or administrator within six months after
the grant of letters, shall be considered as a presentation of the claim on which the action
is founded. (Code 1852, §1886; Code 1867, §2242; Code 1876, §2600; Code 1886, §2084; Code
1896, §134; Code 1907, §2594; Code 1923, §5819; Acts 1931, No. 719, p. 838; Code 1940,
T. 61, §215.)...
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6-6-391
Section 6-6-391 Affidavit of amount due plaintiff. To obtain such writ of garnishment, the
plaintiff, his agent or attorney must make, before an officer authorized to administer oaths,
and file, with the clerk of the court in which the action is pending or the judgment was entered,
an affidavit stating the amount due from the defendant to the plaintiff, or his assignee,
that process of garnishment is believed to be necessary to obtain satisfaction thereof and
that the person to be summoned as garnishee is believed to be chargeable as garnishee in the
case. It is not ground of objection that two or more persons having separate interests are
mentioned as garnishees. (Code 1852, §2471; Code 1867, §2892; Code 1876, §3219; Code 1886,
§§2968, 2973; Code 1896, §2173; Code 1907, §4302; Code 1923, §8053; Code 1940, T. 7,
§997.)...
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11-42-131
Section 11-42-131 Continuation of civil actions against municipality annexed. All civil actions
pending against the city or town annexed shall, on notice, be made a civil action against
the city or town annexing the other city or town, and the right to prosecute to final judgment
such civil action or actions against the annexing city or town shall exist the same as if
the right of action originally existed against the annexing city or town. (Code 1907, §1144;
Code 1923, §1839; Code 1940, T. 37, §206.)...
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11-42-161
Section 11-42-161 Continuation of civil actions brought by municipality annexed. All civil
actions pending brought by the city or town annexed, shall, on motion, be made a civil action
by the city or town annexing the other city or town, and the right to prosecute such civil
action to final judgment by the annexing city or town shall exist the same as if the right
of action originally existed in favor of the annexing city or town. (Code 1907, §1146; Code
1923, §1841; Code 1940, T. 37, §208.)...
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12-20-27
Section 12-20-27 Substitution of lost, etc., papers or records in civil cases - How made -
Generally. When original papers in civil actions have been lost, mislaid, destroyed or mutilated,
a court may cause a substitution thereof to be made by directing the attorneys representing
the parties therein to file a copy thereof with the clerk or register of the court. (Code
1896, §2645; Code 1907, §5737; Code 1923, §10130; Code 1940, T. 7, §6; Acts 1971, No.
1510, p. 2595.)...
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28-4-269
Section 28-4-269 Forfeiture and condemnation proceedings generally - Issues and parties generally;
style of action; trial of action generally. The issue thus framed shall be deemed an action
pending in the court of the judge who issued the warrant between the State of Alabama, on
the relation of the complainant, and the liquor and beverages and vessels and receptacles
so seized and against the party in possession of the liquors and beverages or against the
party who interposes the claim, and may be entitled in the name of the State of Alabama against
the said party so appearing, if any, and if no one appears, may be entitled as against said
liquors and beverages adding for identification the name of the person or persons mentioned
in the affidavit or warrant. The said action shall be tried in the district court as other
actions are tried therein. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,
§4757; Code 1940, T. 29, §226.)...
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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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6-6-662
Section 6-6-662 Parties. The motion may be made by the party aggrieved or his legal representative
against the person in default and the sureties upon his official bond, and the judgment must
be entered against such of the parties, whether principal or surety, as may have received
notice of the intended motion. (Code 1852, §2597; Code 1867, §3026; Code 1876, §3352; Code
1886, §3096; Code 1896, §3764; Code 1907, §5900; Code 1923, §10227; Code 1940, T. 7, §592.)...

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12-19-53
Section 12-19-53 Entry of judgment for costs when judgment in action entered against nominal
plaintiff. When judgment is entered against the plaintiff in any action brought in the name
of a nominal plaintiff for the use of another, judgment for costs must be entered against
the beneficiary or his personal representative. (Code 1852, §2383; Code 1867, §2787; Code
1876, §3136; Code 1886, §2845; Code 1896, §1330; Code 1907, §3667; Code 1923, §7227;
Code 1940, T. 11, §71.)...
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35-4-152
Section 35-4-152 Grantors, etc., may be made parties defendant. The grantors in any number
of conveyances in the chain of title of the complainant may be made parties defendant to the
civil action for the reformation of the description in any one or more of such conveyances,
and the joining of the grantors in several conveyances in the chain of title shall not make
the complaint multifarious or objectionable by reason of the misjoinder of parties defendant.
(Acts 1911, No. 227, p. 199; Code 1923, §6962; Code 1940, T. 47, §135.)...
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