Code of Alabama

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6-8-85
Section 6-8-85 Judgment for defendant - Permissive counterclaims. If the debt or demand
permissively counterclaimed exceeds the amount of the plaintiff's demand, the amount of such
excess being found by the jury or court trying the same, judgment must be entered against
the plaintiff for costs and in favor of the defendant for such excess, and where there is
more than one defendant and the debt or demand permissively counterclaimed belongs to only
one defendant, then judgment for such excess must be entered in favor of such defendant for
such excess. (Code 1852, §2241; Code 1867, §2643; Code 1876, §2992; Code 1886, §2679;
Code 1896, §3729; Code 1907, §5860; Code 1923, §10174; Code 1940, T. 7, §352.)...
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6-8-86
Section 6-8-86 Judgment for defendant - Compulsory counterclaims. On a compulsory counterclaim,
if the claim or demand of the defendant equals the claim or demand of the plaintiff, judgment
must be entered for the defendant; if the claim or demand of the defendant exceeds the claim
or demand of the plaintiff and the plaintiff is the party liable to its satisfaction, judgment
must be entered against him in favor of the defendant for such excess and all costs. (Code
1886, §2683; Code 1896, §3734; Code 1907, §5865; Code 1923, §10179; Code 1940, T. 7, §357.)...

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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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6-6-430
Section 6-6-430 Filing of bond; discharge of money or property from garnishment; proceedings
as if bond not executed; judgment; discharge of garnishee. (a) When garnishment has been issued
in aid of a pending action or upon a judgment, the defendant may make and file with the judge
or clerk issuing the garnishment bond in such sum as the judge or clerk may prescribe, not
exceeding twice the amount of the plaintiff's demand, payable to the plaintiff, with sufficient
surety, to be approved by such judge or clerk, conditioned to pay the amount for which the
garnishee may be found indebted or liable to the defendant and the cost of the garnishment.
Thereupon, the money or property in the hands of the garnishee is discharged from the garnishment
and the garnishee relieved of all liability therefor to the plaintiff; but the garnishee must
answer, and, except as is otherwise provided in this article, the case must proceed and be
determined as if such bond had not been executed. (b) If the...
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6-6-681
Section 6-6-681 Judgment in favor of defendant. Judgment must, in like manner, be entered
in favor of the defendant in execution against the sheriff or coroner, on three days' notice,
in the following cases: (1) For failure to pay over on demand any excess of money which may
remain upon a sale under execution after satisfaction thereof and of the costs, for the amount
of such excess and five percent per month after demand; (2) For failing to return an execution
wholly or partially satisfied, for 25 percent on the amount paid; and (3) For failing to pay
over on demand money paid or collected on an execution, the whole or any part of which is
enjoined, for the amount so enjoined and five percent per month on the amount from the time
of the demand. (Code 1852, §§2608-2611; Code 1867, §§3038-3041; Code 1876, §§3363-3366;
Code 1886, §§3107-3110; Code 1896, §§3775-3778; Code 1907, §§5911-5914; Code 1923, §§10238-10241;
Code 1940, T. 7, §596.)...
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6-5-547
Section 6-5-547 One million dollar limit on judgments; mistrial if jury advised of limitation.
In any action commenced pursuant to Section 6-5-391 or Section 6-5-410, against
a health care provider whether in contract or in tort based on a breach of the standard of
care the amount of any judgment entered in favor of the plaintiff shall not exceed the sum
of $1,000,000. Any verdict returned in any such action which exceeds $1,000,000 shall be reduced
to $1,000,000 by the trial court or such lesser sum as the trial court deems appropriate in
accordance with prevailing standards for reducing excessive verdicts. During the trial of
any action brought pursuant to Section 6-5-391 or 6-5-410 neither the court nor any
party shall advise or infer to the jury that it may not return a verdict in excess of $1,000,000;
in the event the jury is so advised or such inference is made the court, upon motion of an
opposing party, shall immediately declare a mistrial. The maximum amount payable under this...

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6-11-3
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's
fees; periodic payments over period of years; specific findings; evidence of financial ability
to make payments; evidence of present value inadmissible. Where the damages assessed against
a defendant by the trier of fact include an award of future damages, the trial court shall
comply with the following in rendering its judgment in the case: (1) Judgment shall be entered
against the defendant for all past damages and punitive damages assessed against the defendant
by the trier of fact. (2) If the award of future damages assessed by the trier of fact is
$150,000 or less, the trial court shall enter judgment against the defendants for the amount
of such future damages. (3) If the award of future damages assessed by the trier of fact is
greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall
be entered against the defendant for $150,000 of such future damage. b. If,...
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11-47-191
Section 11-47-191 Institution of actions, entry, and execution of judgments against
municipalities and other persons or corporations jointly liable. (a) The injured party, if
he institutes a civil action against the municipality for damages suffered by him, shall also
join such other person or persons or corporation so liable as defendant or defendants of the
civil action, and no judgment shall be entered against the city or town unless judgment is
entered against such other person or corporation so liable for such injury, except where a
summons is returned not found as to a defendant or when judgment is entered in his favor on
some personal defense, and if a civil action be brought against the city or town alone and
it is made to appear that any person or corporation ought to be joined as a defendant in the
action according to the provisions in Section 11-47-190, the action shall be dismissed,
unless the plaintiff amends his complaint by making such party or corporation a defendant,...

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6-6-700
Section 6-6-700 Entry of judgment against clerk, register, or their sureties. Judgment
must, in like manner, be summarily entered against the clerk of the circuit court and his
sureties, or either of them, and against the register in circuit court and his sureties, or
either of them, on three days' notice, in the following cases: (1) In favor of the plaintiff
in execution for failure to enter on the execution docket the return made upon an execution
by the proper officer, within three days after the return is made, for 20 percent on the amount
of the execution and interest thereon; (2) For failing on demand to pay over money received
by him on any judgment or paid into court, on a plea of tender, other plea, or by rule of
court, for the sum so received by him with five percent per month on the amount from the time
of the demand; (3) For failing to notify the plaintiff, his agent, or attorney under the provisions
of Section 6-9-92, which are made to apply to such clerk, of the...
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