Code of Alabama

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12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From the
judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or
the defendant in any case, may appeal to the court of criminal appeals in like manner as in
cases of appeals for convictions of violation of the criminal laws of the state. If the appeal
is taken by the municipality, it shall not be required to give surety for the cost of appeal.
When taken by the defendant, he may give bail with sufficient sureties, conditioned that he
will appear and abide by the judgment of the appellate court; and, failing to give bail, he
must be committed to the municipal jail, but he may give such bail at any time pending the
appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the
judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the
undertaking of bail to surrender himself to the municipal authorities within...
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12-19-71
Section 12-19-71 Circuit and district court filing fee - Amount. (a) The filing fees which
shall be collected in civil cases shall be: (1) Thirty-five dollars ($35) for cases filed
on the small claims docket of the district court in which the matter in controversy, exclusive
of interest, costs, and attorney fees, totals one thousand five hundred dollars ($1,500) or
less; provided, however, if attorney fees have been allowed by applicable state law or contract,
the amount of these fees shall be added to the amount of the matter in controversy above in
determining the jurisdictional amount. (2) One hundred nine dollars ($109) for cases filed
on the small claims docket of the district court in which the matter in controversy, exclusive
of interest, costs, and attorney fees, exceeds one thousand five hundred dollars ($1,500)
but does not exceed three thousand dollars ($3,000); provided, however, if attorney fees have
been allowed by applicable state law or contract, the amount of these...
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12-22-5
Section 12-22-5 Final judgment in ad quod damnum proceedings under condemnation order. When
an appeal is taken to the appropriate appellate court by either party pursuant to Rule 4,
Alabama Rules of Appellate Procedure, from a final judgment in the circuit court in ad quod
damnum proceedings under Section 18-1-20, the judgment of the circuit court shall not be stayed
if the compensation assessed is paid to the owner and the costs of the case are paid into
court, or if such compensation together with the costs of the case are paid into court and
the applicant has given bond in double the amount of the damages assessed, conditioned to
pay to the landowner such judgment as may be finally entered in his favor. (Code 1907, §2842;
Acts 1911, No. 442, p. 625; Code 1923, §6084; Code 1940, T. 7, §760.)...
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18-1A-230
Section 18-1A-230 Involuntary dismissal. On motion of the defendant, the court shall dismiss
the action in whole or in part, as justice requires, if: (1) Upon sustaining a preliminary
objection to the plaintiff's complaint, the court determines that a dismissal is required;
(2) The plaintiff has unjustifiably failed to exercise reasonable diligence in prosecuting
the action; (3) The plaintiff has failed to pay the full amount required by the judgment within
time allowed. (Acts 1985, No. 85-548, p. 802, §1301.)...
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28-4-275
Section 28-4-275 Forfeiture and condemnation proceedings generally - Apportionment and taxing
of costs. If judgment shall be against only one party defendant appearing, he shall be charged
to pay all the costs of the proceeding in the seizure and detention of the liquors and beverages
and vessels and receptacles claimed by him and the costs of the trial. But if judgment shall
be entered against more than one party claiming distinct parts of or interests in said liquors
and beverages and vessels and receptacles, then the cost of the proceeding and trial may be
equitably apportioned among the defendants for the amount of cost to be adjudged against them
according to the discretion of the judge or court. In the event no one appears to contest
the complaint or if the complaint is not sustained and no judgment of forfeiture is obtained,
the costs shall be taxed and paid as costs are taxed and paid in criminal prosecutions wherein
the state fails, and this rule shall apply as to any separate...
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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6-6-294
Section 6-6-294 Retention of possession for one year by defendant if crop planted or growing
upon filing bond; force and effect of bond. (a) If the defendant has a crop planted or growing
on the premises and the court or jury finds for the plaintiff, they must also ascertain the
rental value of the premises during the current year, and no writ of possession can be issued
until the expiration of the year if the defendant executes a bond in double the amount of
such rent payable to the plaintiff, with surety approved by the clerk, conditioned to pay
the rent so assessed at the expiration of the year. (b) The bond must be filed in the office
of the clerk and, if the rent is not paid at the expiration of the year, has the force and
effect of a judgment; and thereon, execution for the amount of the rent must issue against
all the obligors or such of them as may be living. (Code 1852, §§2199, 2200; Code 1867,
§§2600, 2601; Code 1876, §§2949, 2950; Code 1886, §§2712, 2713; Code 1896,...
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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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6-6-561
Section 6-6-561 Contents of complaint. A complaint under this division must be brought against
the land or the interest therein sought to be established. It must describe said land or the
interest therein sought to be established, with certainty, and state specifically what claim,
title, or interest in, or to, said lands the plaintiff claims to have and from whom and how
such interest or title so claimed in, or to, said lands was obtained. It shall also make party
or parties defendant to said complaint all persons against whom the plaintiff claims title
to said lands, or the interest therein sought to be established, and if the names of such
persons cannot be ascertained by the plaintiff with certainty, they may be designated and
joined as unknown parties. Such complaint shall also make party or parties defendant thereto
all persons who are known to the plaintiff to have had possession of said lands, or any part
thereof, within 10 years next preceding the filing of the complaint, or...
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6-6-740
Section 6-6-740 Judgment for failure to pay over money collected or deliver personal property
recovered in capacity as attorney. (a) Judgment may, in like manner, be summarily entered
against any attorney-at-law in this state who fails to pay over money collected by him or
deliver personal property recovered by him in that capacity, whether by an action or otherwise,
on demand made by the person entitled thereto, his agent or attorney for the amount collected
or the value of the property recovered, less the amount due the attorney for fees or compensation
for services, interest thereon, and damages at the rate of five percent a month, after such
demand, on the aggregate amount, in the circuit court of the county in which such attorney
resides or, if he has no known place of residence in this state, in the circuit court of any
county, on three days' personal notice; but such attorney may, if a doubt exists as to the
right of the person making the demand or if there is a dispute as to...
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