6-9-160
Section 6-9-160 Restoration of property levied on to debtor upon executing bond; execution
on forfeiture of bond; exception. (a) When personal property is levied on by the sheriff,
if the defendant executes bond with sufficient surety in double the amount of the execution
payable to the plaintiff and conditioned to deliver the property levied on to the proper officer
by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must
restore the property to the defendant. (b) If the property is not delivered according to the
condition of the bond, the sheriff must return it forfeited within five days thereafter to
the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture
of the bond; and it is then the duty of the clerk or register, without delay, to issue execution
on the forfeited bond against all the obligors therein for the judgment and costs, upon which
no security of any kind can be taken, which he must endorse on the...
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6-6-101
Section 6-6-101 Forfeiture of bond; execution on bond. When the property replevied is not delivered
in 30 days after judgment against the defendant in attachment, the sheriff shall return the
bond forfeited, and execution must be issued thereon against the principal and sureties for
the amount of the value of the property replevied, as fixed by the sheriff or other officer
making the levy, with interest thereon from the date of the bond and for the cost of the replevy
and of the execution, unless such value is greater than the amount of the judgment against
the defendant, in which case the execution shall be for the amount of such judgment and costs.
(Code 1852, §2538; Code 1867, §2966; Code 1876, §3291; Code 1886, §2965; Code 1896, §556;
Code 1907, §2956; Code 1923, §6204; Code 1940, T. 7, §877.)...
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28-4-287
Section 28-4-287 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending condemnation action; proceedings upon failure of defendant or claimant to deliver
said vehicle, etc., upon entry of judgment of condemnation. Whenever a conveyance, vehicle
of any kind or animal used in drawing the same is seized by an officer of the state under
the prohibition laws of this state, the defendant in the proceedings or the claimant of the
property shall have the right to execute a bond in double the value of such property or of
any item thereof, with good and sufficient surety, to be approved by the sheriff or the register
or clerk of the circuit court and conditioned, in the event the said property is condemned,
to deliver the same to the sheriff within 15 days from the date of such judgment of condemnation
and to pay any difference between the value of said property at the time of the seizure and
the time of the delivery to the sheriff after condemnation, such...
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6-6-166
Section 6-6-166 Return - Where levy made in different county than where judgment entered or
original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
(a) When the levy is made in a different county from that in which the judgment was entered
or the original attachment issued, if a claim is interposed to the property, it is the duty
of the officer levying the writ to return the original to the court from which it issued,
with a statement thereon showing the interposition of the claim and true copies of the affidavit
and bond, certified by him; and he must return the original affidavit and bond and a true
copy of the writ under which the levy was made, certified by him, to the circuit court of
his own county, where, after 30 days, the trial of the right of property must be had. The
copies thus required to be made, certified as provided in this section, must be received in
lieu of and have, in all respects, the same effect as the originals. (b) If, in the...
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28-4-288
Section 28-4-288 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending appeal; proceedings upon failure of bondsmen to deliver said vehicle, etc.,
upon affirmance of judgment upon appeal, etc. Whenever a conveyance, vehicle of any kind or
animal used in drawing the same is seized by an officer of the state under the prohibition
laws of this state and has been condemned by the circuit court that tried the action, the
defendant in the proceedings or the claimant of the property, pending an appeal to the Supreme
Court or Court of Civil Appeals, may, upon motion, have the court immediately appraise the
value of said property and of the several items separately and shall have the right to execute
a bond with two good sureties in double the appraised value of such property or of any item
or items thereof, to be approved by the clerk or register of the circuit court, conditioned,
in the event the appeal is affirmed or reversed and the conveyance, vehicle,...
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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate judge:
(1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas,
executions and all other process which is necessary for the exercise of his powers, the jurisdiction
of the court and the enforcement of its judgments, orders and decrees. (2) To keep minutes
of all his official acts and proceedings and, within three months thereafter, to record the
same in well-bound books. (3) To keep all the books, papers and records belonging to his office
with care and security, the papers arranged, filed and labeled so as to be of easy reference
and the books and records lettered and kept with general, direct and reverse indexes, but,
without the authority of the county commission, he shall not make new indexes. (4) To keep
constantly in his office a well-arranged docket, showing the date of the issue and return
of all process, the day set for the hearing, the kind of...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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6-6-165
Section 6-6-165 Return - Where execution issued from probate court; trial in circuit court;
return of execution on forfeited bond. (a) If the levy was made under execution issued from
the probate court, the sheriff must return the original execution to the court from which
it issued with an endorsement thereon showing the interposition of the claim, and he must
return a copy of the execution and of the returns thereon, the affidavit and the bond to the
circuit court of his county, where, after 30 days, the trial of the right of property must
be had according to the provisions of this article. (b) If, in the case provided for in subsection
(a) of this section, the bond is forfeited, the execution on the forfeited bond must be made
returnable to the court from which the original process issued, of which and of the time of
its receipt by the sheriff the clerk must give the judge of probate written notice, which
shall be presumptive evidence of the fact against the sheriff. (Code 1852,...
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6-10-36
Section 6-10-36 Contest of exemption claim - Assessment of value of property and damages resulting
from detention on bond; judgment and execution on bond. When bond has been executed by the
plaintiff or defendant for the forthcoming of the property in contest, the value of the property,
and the damages resulting from its detention must be assessed by the court or jury trying
the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property
and pay the damages as required by the condition of the bond, it shall be the duty of the
sheriff to make due return of that fact; and, upon such return being made, the bond shall
have the force and effect of a judgment, and execution may issue thereon against the obligors
on the bond for the value of the property and the damages assessed, or either, and costs.
(Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code 1923, §7907;
Code 1940, T. 7, §650.)...
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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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