8-3-40
Section 8-3-40 Transfer of judgment to surety upon payment of same by surety. (a) Whenever
a judgment is obtained by a creditor on a demand to which there are one or more sureties,
the sureties may pay such demand, and the same shall be transferred by operation of law to
the surety or sureties paying or satisfying such demand, who shall have all the liens or equities
of such judgment and of the debt or claim on which the same is founded. (b) The plaintiff
in the judgment, his agent or attorney of record, when the payment is made, must assign such
judgment to the surety or sureties paying the money, who may collect the same, with interest
and costs, in the name of the plaintiff for their use, and may assert any lien or right against
the principal debtor which the plaintiff could have asserted if the debt had not been paid.
(Code 1852, §2651; Code 1867, §3078; Code 1876, §3418; Code 1886, §3157; Code 1896, §3888;
Code 1907, §5408; Code 1923, §9567; Code 1940, T. 9, §101.)...
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6-5-465
Section 6-5-465 Survival - Substitution of personal representative where no action filed.
If a claim upon which no action has been filed survives on the death of a defendant, substitution
of his personal representative may be effected under the Alabama Rules of Civil Procedure;
but final judgment must not be entered against a personal representative if he objects
until after the expiration of six months from the grant of letters testamentary or of administration.
(Code 1852, §2148; Code 1867, §2544; Code 1876, §2910; Code 1886, §2606; Code 1896, §41;
Code 1907, §2500; Acts 1915, No. 533, p. 605; Code 1923, §5716; Acts 1931, No. 717, p. 837;
Code 1940, T. 7, §154.)...
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35-11-224
Section 35-11-224 Issues; finding or verdict; judgment generally. Any defendant, by appropriate
plea, may put in issue the fact of indebtedness or the existence of the lien, or both, and
may interpose any other defense applicable to the action; and if the court by its finding,
or the jury by their verdict, as the case may be, ascertain that the plaintiff has a lien
as claimed, judgment shall be entered for the amount secured thereby, interest and costs,
against the party liable for the same, and establishing the lien, and condemning the property
to sale for the satisfaction thereof; but if the finding or verdict is for the plaintiff only
on the issue of indebtedness, a judgment shall be entered in his favor for the amount thereof
as in other cases. (Code 1886, §3034; Code 1896, §2739; Code 1907, §4770; Code 1923, §8848;
Code 1940, T. 33, §52.)...
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35-11-72
Section 35-11-72 Lien of landlord on stock raised on rented premises. (a) Owners of land, or
their assignees, shall have a lien upon all livestock raised, grown, or grazed upon rented
land for the rent of said land for the current year, and which shall be paramount to all other
liens. The lien shall exist only when the land is leased or rented or used for pasturing or
grazing purposes. (b) For the enforcement of such lien, the owners of such land, or their
assignees, may have process of attachment from any court having jurisdiction of the amount
claimed, leviable upon the stock upon which the lien exists (1) When such claim is due and
the defendant upon demand fails or refuses to pay the same; (2) Whether such claim is due
or not when the defendant has removed any part of such stock from such land without the consent
of the landlord without paying the rent, or if the claim has been assigned without the consent
of the assignees; (3) Whether such claim is due or not, when the plaintiff...
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6-6-163
Section 6-6-163 Forfeiture of claimant's bond; execution for amount of judgment, damages, and
costs. If judgment is entered against the claimant and he fails to deliver the property to
the officer making the levy and pay the costs of the trial of the right of property within
30 days, such officer must endorse the bond forfeited; and thereupon, if the property was
levied on under execution or, if levied on under attachment, after judgment in favor of the
plaintiff against the defendant in attachment, the clerk must issue execution against the
obligors on the bond for the amount of the plaintiff's judgment, for the damages, if any were
assessed, and the costs of the amount of such assessed value, if that is not greater than
the amount of the judgment and for the damages, if any were assessed, and the costs of the
trial of the right of property. And in the event the claimant delivers the property, but fails
to pay damages and costs within 30 days, execution must issue for such damages and...
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6-6-597
Section 6-6-597 Addition of person rightly entitled to office; entry of judgment on such right;
delivery of books, papers, and property. (a) When the action is commenced against a person
for usurping an office, the name of the person rightly entitled to the office, with a statement
of his right thereto, may be added, and, when added, judgment may be entered upon the right
of the defendant and also upon the right of the party so alleged to be entitled or only upon
the right of the defendant, as justice may require. (b) If judgment is entered upon the right
of the person so alleged to be entitled and the same is in favor of such person, he is entitled,
after taking the oath of office and executing such official bond as may be required, to take
upon himself the execution of the office, and it is his duty, immediately thereafter, to demand
of the defendant all the books, papers, and property in his custody, or within his power,
belonging to the office. On refusal or neglect to deliver over...
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6-9-93
Section 6-9-93 Sale of levied property - Payment to debtor. When, at an execution sale, the
amount of the sale exceeds the judgment, interest and costs, the excess must be paid to the
debtor or his legal representative. When money is paid or collected on an execution, the whole
or any part of which is enjoined, the same must, on demand, be refunded to the debtor or his
legal representative if it has been paid over to the plaintiff, his agent or attorney without
notice of the injunction. (Code 1852, §2452; Code 1867, §2866; Code 1876, §3204; Code 1886,
§2913; Code 1896, §1911; Code 1907, §4118; Code 1923, §7833; Code 1940, T. 7, §545.)...

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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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12-19-72
Section 12-19-72 Circuit and district court filing fee - Distribution. The filing fees collected
in civil cases shall be distributed as follows: (1) 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, seventeen dollars
($17) to the Fair Trial Tax Fund; thirteen dollars ($13) to the State General Fund; and five
dollars ($5) to the county general fund. (2) For cases 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), twenty-one dollars ($21) to the Fair Trial Tax Fund; seventy-five dollars ($75)
to the State General Fund; five dollars ($5) to the Advanced Technology and Data Exchange
Fund; and eight dollars ($8) to the county general fund. (3) For...
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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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