Code of Alabama

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6-9-193
Section 6-9-193 Issuance of execution in favor of personal representative or successor without
revival. When a plaintiff dies after the entry of a judgment in his favor and such judgment
is unsatisfied, execution may issue thereon in favor of the personal representative of such
deceased plaintiff, and in like manner when a judgment is entered in favor of an executor,
administrator, guardian or trustee who dies, resigns, is removed, or whose authority ceases
from any cause, execution may issue in favor of the successor without a revival. (Code 1867,
§2834; Code 1876, §3176; Code 1886, §2925; Code 1896, §1926; Code 1907, §4149; Code 1923,
§7864; Code 1940, T. 7, §575.)...
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6-9-194
Section 6-9-194 Revival in favor of personal representative. When the plaintiff in any judgment
dies, the same may be revived in favor of the personal representative of the plaintiff. (Code
1867, §2835; Code 1876, §3177; Code 1886, §2926; Code 1896, §1927; Code 1907, §4150;
Code 1923, §7865; Code 1940, T. 7, §576.)...
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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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37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and be sued
in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure. (3)
To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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43-2-152
Section 43-2-152 Enforcement of judgment rendered against decedent before his death. When a
judgment has been entered against a decedent before his death, no execution can issue thereon
against his personal representative, except in the case provided for in section 6-9-62; but
such judgment may be revived against his personal representative by appropriate action or
motion after the lapse of six months from the grant of letters; and sections 43-2-709 and
43-2-810 through 43-2-812 are applicable to such proceeding. (Code 1852, §1930; Code 1867,
§2289; Code 1876, §2633; Code 1886, §2280; Code 1896, §349; Code 1907, §2816; Code 1923,
§6055; Code 1940, T. 61, §132.)...
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6-6-337
Section 6-6-337 Proceedings upon determination for either plaintiff or defendant. (a) If the
judge determines in favor of the plaintiff, he must record the decision and enter judgment
with costs, upon which he must issue a writ of execution commanding the sheriff or the constable
to restore the plaintiff to possession or place him in possession of his lands and tenements
according to complaint and to levy on and sell a sufficiency of the defendant's goods and
chattels, lands and tenements to satisfy the costs of the proceedings. Successive writs may
issue at any time when necessary to eject defendant or collect costs and damages, and a defendant
who refuses to obey the mandate of the writ as to the possession of the property or who enters
upon the premises without just cause or legal excuse after being ejected shall be guilty of
resisting an officer and contempt of court and shall be punished and fined accordingly, in
the discretion of the court issuing the process. (b) If the judge...
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6-5-466
Section 6-5-466 Revival in case of death of one or more defendants jointly sued. (a) The death
of one or more defendants jointly sued does not, as to the defendant dying, abate a claim
upon which an action has been filed if the claim survives; but such a claim may be revived
against the proper representative of such defendant and such representative and the surviving
defendant or defendants may be proceeded against jointly or severally, at the election of
the plaintiff. (b) Under this section, the judgment entered must be several, but against a
personal representative, if he objects, judgment must not be entered until after the expiration
of six months from the grant of letters testamentary or of administration. (c) Under this
section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all,
except as to costs; but if requested, the plaintiff must assign, without recourse on him,
the judgment against a principal debtor to the party from whom satisfaction is...
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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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6-6-700
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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