6-9-24
Section 6-9-24 Alias writs. (a) More than one writ of execution may be issued at the plaintiff's
cost, though the first be not returned; and when a writ of execution is returned not satisfied,
or satisfied only in part, an alias writ of execution may be issued. (b) When a judgment has
been satisfied in part and an alias execution is issued, the clerk or register must endorse
thereon the amount which had been previously made with the date of its collection or payment.
(Code 1852, §§2428, 2430; Code 1867, §§2843, 2845; Code 1876, §§3185, 3187; Code 1886,
§§2888, 2890; Code 1896, §§1886, 1888; Code 1907, §§4087, 4089; Code 1923, §§7802,
7804; Code 1940, T. 7, §§515, 517.)...
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6-9-89
Section 6-9-89 Sale of levied property - Perishable goods and chattels - Strawberries. When
strawberries are levied on or seized under any writ of detinue, writ of attachment, or writ
of execution, the sheriff or constable making the levy or seizure shall, unless a replevy
bond or forthcoming bond is immediately executed by the defendant, proceed forthwith to sell
the strawberries so levied on or seized either at public or private sale, as he may deem best,
and the proceeds of such sale shall be by such officer paid into the court out of which said
writ was issued and shall be held by such court pending the final disposition of the case.
(Acts 1931, No. 348, p. 407; Code 1940, T. 7, §538.)...
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8-5-26
Section 8-5-26 Action to charge endorser or assignor on contracts assigned by writing and not
covered by Uniform Commercial Code - Time for bringing action against maker; issuance of execution
when judgment obtained; proof of inability of maker to pay judgment. (a) On all contracts
assigned by writing which are not governed by the Uniform Commercial Code, an action to charge
the endorser or assignor must be brought against the maker within 30 days after an action
can properly be brought. (b) If judgment is obtained, execution must be issued as authorized
by law, and the inability of the maker to pay such judgment proved by the return of "no
property." (Code 1852, §§1543, 1544; Code 1867, §§1851, 1852; Code 1876, §§2112,
2113; Code 1886, §1778; Code 1896, §892; Code 1907, §5153; Code 1923, §9226; Code 1940,
T. 39, §195; Acts 1965, No. 549, p. 811.)...
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11-81-2
Section 11-81-2 Execution of mortgages or deeds of trust upon property acquired, etc., with
proceeds of bond issues; recordation of same. Any municipal corporation in this state shall
have power and authority to execute a mortgage or deed of trust upon the property acquired
or to be acquired with the proceeds of a bond issue authorized in this chapter, and such mortgage
or deed of trust shall be admitted to record in the office of the probate judge of any county
in this state without the payment of any tax upon the debts secured thereby or any other fee
or charge, except the costs of recording the instrument at the rate fixed by law. (Acts 1909,
No. 195, p. 188; Code 1923, §2268; Code 1940, T. 37, §252.)...
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12-22-40
Section 12-22-40 Recording of order fixing supersedeas bond; failure to make or record same.
The order of the judge, register or clerk fixing the amount of a supersedeas bond, pursuant
to the Alabama Rules of Appellate Procedure, must be filed and entered by the clerk or register
on the minutes of the court, but the failure to make such order or, if made, to file or record
the same shall not impair the validity or obligation of any bond which is given as a security
by which an appeal and a stay of execution are in fact obtained. (Code 1852, §3020; Code
1867, §3490; Code 1876, §3928; Code 1886, §3626; Code 1896, §443; Code 1907, §2876; Code
1923, §6135; Code 1940, T. 7, §796.)...
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36-22-10
Section 36-22-10 Maintenance of record book as to executions or orders of sale received by
sheriff generally. Each sheriff must also enter in well-bound books, whenever any execution
or order of sale is received by him, the names of the parties, the character of the process,
the time of its receipt, the date of the judgment on which the same issued, if it appears
from such process, the amount of the same, principal and costs, the court from which it issued
and the name of the attorneys as endorsed thereon. (Code 1852, §691; Code 1867, §819; Code
1876, §732; Code 1886, §812; Code 1896, §3742; Code 1907, §5874; Code 1923, §10200; Code
1940, T. 54, §19.)...
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36-5-13
Section 36-5-13 Attorneys not deemed sufficient sureties on official bonds of probate judges,
sheriffs, constables, etc. A practicing attorney-at-law must not be deemed a sufficient surety
on the official bond of the judge of probate or of the clerk or register of any court of record
or of any other officer of a court of record or of the sheriff or deputy sheriff or the coroner,
or of any constable, general or special. (Code 1886, §264; Code 1896, §3077; Code 1907,
§1490; Code 1923, §2602; Code 1940, T. 41, §43.)...
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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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11-51-12
Section 11-51-12 Filing of list in circuit court; entry of civil actions for assessments on
trial docket; issuance, execution, and return of summons notifying owners of institution of
proceedings against property generally. Such lists shall be filed with the register or clerk
of the circuit court. The register or clerk shall cause to be entered on the trial docket
in such court in a well-bound book kept for that purpose a civil action for each assessment
of property of the city or town against such property so assessed. Said docket shall show
the amount of the taxes sought to be collected, a description of the property and the name
of the owner, if known. Upon the filing of the certificate, the register or clerk is directed
to issue a summons, as in other civil actions, containing a description of the property and
notifying each owner of the filing of the proceedings against his property. Only one summons,
however, shall be necessary if two or more pieces of property are assessed to...
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12-19-50
Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs; issuance
of execution against sheriff, etc., failing to return, levy, or collect execution issued against
plaintiff or appellant for costs. (a) The Clerk of the Supreme Court, clerks of the courts
of appeals, clerks of the circuit courts and probate judges, upon return of an execution "no
property found" against the defendant by the proper officer of the county in which the
judgment was entered, or, if the execution is from the Supreme Court or courts of appeals,
of the county from which the case was brought, may issue execution against the plaintiff or
appellant, as the case may be, for the costs actually created by the plaintiff or appellant,
but for none other, to be collected and returned as other executions. (b) Judgment may be
entered on motion in the circuit court of such county, in the name of the clerk or probate
judge issuing the execution, against the sheriff or his sureties, or either of...
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