Code of Alabama

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6-9-90
Section 6-9-90 Sale of levied property - Rights of debtor - Designation of property to be sold
first. When a defendant in execution shall point out any of his property on which to levy
the execution, the sheriff or other officer shall be bound to take and sell that first if
the same is, in the opinion of such levying officer, sufficient to satisfy such judgment and
costs. (Code 1907, §4115; Code 1923, §7830; Code 1940, T. 7, §542.)...
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43-2-151
Section 43-2-151 Enforcement of judgments, etc., of probate court against representatives -
Liability of sureties. When an execution against an executor or administrator, issued from
the probate court on any judgment, order or decree for money is returned to any regular term
of such court "no property" by the sheriff of the county, such judgment, order or
decree may be enforced against the executor or administrator and his sureties, by execution
or by process of garnishment, which may issue in like cases and manner as it may issue on
judgment in circuit courts and may, in like manner, be prosecuted to judgment against the
garnishee. (Code 1852, §1922; Code 1867, §2281; Code 1876, §2619; Code 1886, §2277; Code
1896, §346; Code 1907, §2813; Code 1923, §6052; Code 1940, T. 61, §129.)...
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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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11-48-43
Section 11-48-43 Appeals from judgment of circuit court - By property owner - Authorized; bonds.
An appeal may be taken to the Supreme Court of Alabama by any person interested in said property
from the judgment entered by the circuit court within 42 days from the date of entry of such
judgment, upon giving bond for costs of appeal or, if a stay of execution of the judgment
is desired, upon giving further bond in such sum as the judge of the circuit court may prescribe,
payable to the city or town with sufficient sureties, to be approved by the clerk of said
court, conditioned to pay such judgment or perform such judgment as the supreme court may
render in the action, and all such costs and damages as the city or town may have sustained
if the judgment is affirmed. (Code 1907, §1396; Code 1923, §2211; Acts 1927, No. 639, p.
753; Code 1940, T. 37, §552.)...
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11-5-9
Section 11-5-9 When additional bond required; effect of failure to give bond. When the coroner
is required to discharge the duties of sheriff, the judge of probate may in his discretion
require him to give an additional bond. If the coroner fails within 10 days after such requisition
to give such additional bond, his office shall be vacated, and the judge of probate must certify
the vacancy to the governor. (Code 1852, §809; Code 1867, §944; Code 1876, §860; Code 1886,
§931; Code 1896, §1081; Code 1907, §109; Code 1923, §164; Code 1940, T. 12, §62.)...

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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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36-23-9
Section 36-23-9 Liability of constable and sureties on bond. The constable and sureties on
his bond are responsible for moneys received by him by virtue of his office upon any summons,
attachment or execution issued by any lawful authority, whether the same is received before
or after judgment or before or after the return day of the execution. (Code 1852, §2810;
Code 1867, §3256; Code 1876, §3653; Code 1886, §851; Code 1896, §980; Code 1907, §3333;
Code 1923, §6803; Code 1940, T. 54, §37.)...
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40-5-3
Section 40-5-3 Bonds. Before assuming office the tax collector must execute a bond in duplicate
with a surety company authorized to do business in Alabama, payable to the State of Alabama,
in an amount to be determined for every county by the Comptroller. The amount of the bond
for each tax collector will be set at the beginning of his elected or appointed term for the
duration of such term. A new bond for an additional amount may be required whenever, in the
judgment of the Comptroller, the public welfare demands such action. The amount of the bond
will be determined by the use of the following table based on a percentage of the total annual
taxes collected as recorded in the latest audit report for each office published at least
four months prior to the date the bond is required to be filed: TABLE FOR COMPUTING AMOUNT
OF TAX COLLECTOR'S BOND. Over But Not Over Amount of Bond Of Excess Over Zero $ 250,000 $25,000
_____ $ 250,000 $1,000,000 $25,000 + 5% $ 250,000 $1,000,000 _____...
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6-6-183
Section 6-6-183 Complaint for discovery of assets - Execution returned "no property found"
or creditor without lien or judgment; answer of debtor. A creditor, having obtained a judgment
upon which execution has issued and been returned "no property found" or a creditor
without a lien or judgment may, in a court of competent jurisdiction of the county in which
the judgment debtor resides or in a like court of the county in which the judgment was entered,
file a complaint for the discovery of the assets of the debtor subject to the payment of debts;
and the debtor must answer on oath and disclose all property, real or personal, in which he
may have or may claim an interest, legal or equitable; all moneys, effects, or choses in action
in which he may have or may claim an interest, legal or equitable; where such property, real
or personal, is situated or may be found; who has or may claim possession thereof; in whose
possession are the moneys, effects, or choses in action in which he has...
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6-6-261
Section 6-6-261 Execution upon judgment. If the party in whose favor the judgment is given
is in possession of the property in controversy, he shall retain it or, if the property is
in possession of the officer seizing it, he shall deliver it to the successful party, and
a writ of execution will issue for the damages and costs of the action. If the property is
in possession of the losing party, the execution shall command the sheriff to take the property
in controversy and deliver it to the successful party and, if the property cannot be had,
that he make the value thereof out of the goods and chattels, lands and tenements of the party
and his sureties, if any, against whom the judgment is entered and shall command that he so
make the damages assessed and costs of the action. (Code 1907, §3782; Code 1923, §7393;
Code 1940, T. 7, §922.)...
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