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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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6-6-259
Section 6-6-259 Actions by mortgagees or vendor in conditional sale contract, etc., against
mortgagors or vendees, etc. (a) If the action is by a mortgagee or his assignee against a
mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving
the title until the entire purchase money shall be paid, or his assignee, against his vendee
or one holding under him, the defendant may, upon suggestion, require that the jury ascertain
the amount of the mortgage debt or the unpaid balance of the purchase price of the article
sold; and if the debt due is ascertained to be less than the value of the property sued for
as assessed by the jury, judgment must be entered for the property sued for or if that is
not to be had, then for the amount of the debt as ascertained by the jury. The court must
also make an order that, if the debt so ascertained, interest and costs, shall be paid within
30 days, no execution or other process shall issue on the judgment; and on...
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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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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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6-5-188
Section 6-5-188 Effect of retraction and tender of money. If the defendant, after or before
an action is commenced, makes the retraction recited in Sections 6-5-184 through 6-5-186 and
also tenders to the plaintiff a compensation in money, bringing the same into court, the plaintiff
can recover no costs if the jury believes and finds the tender was sufficient. (Code 1852,
§2222; Code 1867, §2624; Code 1876, §2973; Code 1886, §2729; Code 1896, §1442; Code 1907,
§3752; Code 1923, §7363; Code 1940, T. 7, §916.)...
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6-6-290
Section 6-6-290 Effect of judgment by default. A judgment by default against a defendant is
an admission of title in the plaintiff, but to recover costs against the defendant, the plaintiff
must prove defendant's possession of the premises, or some part thereof, at the commencement
of the action. (Code 1852, §2218; Code 1867, §2619; Code 1876, §2968; Code 1886, §2708;
Code 1896, §1548; Code 1907, §3852; Code 1923, §7466; Code 1940, T. 7, §951.)...
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15-13-81
Section 15-13-81 Conditional judgment - Entry; notice to defendant; execution and return of
notice; alias notices. (a) When an undertaking of bail is forfeited by the failure of the
defendant to appear as required, except when money is deposited instead of bail, a conditional
judgment must be entered by the court in favor of the state against the parties to the undertaking
for the sum thereon expressed, which judgment may be substantially as follows: The State)
vs.) A.B.) Indictment for assault and battery (or other offense, as the case may be). It appearing
to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of
Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared
at the time and place mentioned and fixed in the bond or undertaking to answer in this case;
and the said A. B. having failed to appear at the time and place mentioned in the bond or
undertaking, it is therefore ordered that the State of Alabama recover...
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6-6-79
Section 6-6-79 Proceedings against sheriff and sureties for money received in sale of perishables.
The sheriff and his sureties, or either of them, may be proceeded against by motion, on one
day's notice, at the instance of the plaintiff or of the defendant if the plaintiff fails
in the action for any money received for the sale of perishable property and judgment entered
against him, or them, for the amount and five percent a month from the time of the demand.
(Code 1852, §2530; Code 1867, §2958; Code 1876, §3284; Code 1886, §2962; Code 1896, §553;
Code 1907, §2953; Code 1923, §6201; Code 1940, T. 7, §874.)...
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6-6-256
Section 6-6-256 Assessment of value and damages and judgment - Trial of action. Upon the trial
the jury must, if it finds for the plaintiff, assess the value of each article separately,
if practicable, and also assess damages for its detention. If it finds for the defendant,
it must, in like manner, assess the value and, if in the possession of the plaintiff, assess
damages for its detention. Judgment against either party must be for the property sued for,
or its alternate value, with damages for its detention to the time of trial. (Code 1852, §2194;
Code 1867, §2595; Code 1876, §2944; Code 1886, §2719; Code 1896, §1476; Code 1907, §3781;
Code 1923, §7392; Code 1940, T. 7, §921.)...
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6-6-185
Section 6-6-185 Complaint for discovery of assets - Orders or judgments; appointment of receiver.
If, from the answer, it appears that the defendant has property, real and personal, or an
interest in property, real or personal, subject to the payment of debts, or has money, effects,
or choses in action or an interest in moneys, effects, or choses in action subject to the
payment of debts, whether such property, money, effects, or choses in action are within or
without the state, the court must make all such orders or judgments as may be necessary and
proper to reach and subject such property, moneys, effects, or choses in action and, for that
purpose, may appoint a receiver with authority to demand, commence an action for and recover
or otherwise to reduce to possession such property, moneys, effects, or choses in action and
may require the debtor to make to such receiver all conveyances, assignments, or transfers
which may be necessary and proper to enable him to receive or to...
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