6-9-81
Section 6-9-81 Indemnity bond. (a) When a reasonable doubt exists whether the personal property
levied on belongs to the defendant or whether personal property alleged to be his is subject
to levy and sale, the sheriff may require of the plaintiff, his agent or attorney a bond of
indemnity, and if it is not given within 10 days thereafter, he may restore the property to
the defendant, if levied on, or decline to levy, if one has not been made; but he may be required
to levy and sell at any time thereafter on being indemnified. (b) If any party having the
prior lien refuses to give such indemnity on demand of the sheriff, the party having the next
lien in order may give it and have the property sold for his benefit. (Code 1852, §§2444,
2445; Code 1867, §§2858, 2859; Code 1876, §§3196, 3197; Code 1886, §§2905, 2906; Code
1896, §§1903, 1904; Code 1907, §§4107, 4108; Code 1923, §§7822, 7823; Code 1940, T.
7, §§533, 534.)...
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6-6-147
Section 6-6-147 Execution upon judgment by plaintiff. If the judgment of the plaintiff is not
satisfied by the property attached or by the garnishee, execution must issue thereon, which
may be levied on and satisfied by any property of the defendant; and the plaintiff may proceed
to a sale of the property attached by a writ of execution. (Code 1852, §2773; Code 1867,
§3001; Code 1876, §3326; Code 1886, §3003; Code 1896, §570; Code 1907, §2971; Code 1923,
§6219; Code 1940, T. 7, §892.)...
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6-9-61
Section 6-9-61 Destruction of lien upon execution of bond for appeal, etc. The execution of
a bond for an appeal by which the judgment is suspended or the execution of a bond by the
defendant upon the proper officer granting an injunction, stay of execution, or restraining
order destroys the lien created by the recording of the certificate of the judgment or the
levy of the execution upon personal property. The clerk of the court in which such bond, injunction,
stay, or restraining order is granted shall, at the request of the party filing such bond
or obtaining such order, note such fact on the margin of the record where the certificate
of judgment is recorded in the event such certificate has been filed in the probate office.
(Code 1852, §2458; Code 1867, §2874; Code 1876, §3212; Code 1886, §2896; Code 1896, §1894;
Code 1907, §4094; Code 1923, §7809; Code 1940, T. 7, §522.)...
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28-3-193
Section 28-3-193 Penalties on failure of wholesaler licensee to timely pay tax due; execution
and levy; lien. (a) Every wholesaler licensee collecting tax on beer levied by this article
shall timely pay the same as provided in this article. Every such wholesaler licensee failing
for a period of 10 days beyond the due date to pay the said tax due pursuant to this article
shall be required to pay as part of the taxes imposed under this article a penalty of not
less than $50.00, nor more than $250.00, to be assessed and collected by the authority to
whom the taxes are to be paid. In addition to such penalty, any wholesaler licensee failing
for a period of 10 days beyond the due date to pay all or any part of the tax due pursuant
to this article shall not be entitled to deduct and retain the two and one-half percent discount
prescribed in Section 28-3-190(b) hereof upon any portion of the tax which is not timely paid.
(b) If any taxes or penalties imposed by this article remain due and...
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6-6-81
Section 6-6-81 Notice of levy - Nonresident defendant. When an attachment is sued out against
a nonresident of the state, the writ shall be returned to the clerk of the court as soon as
levied upon the property of the defendant, and thereupon the clerk shall cause a notice of
the attachment and levy on the defendant's property to be advertised once a week for three
successive weeks in some newspaper of general circulation in the county in which the property
is found, a copy of which must be sent by mail to the defendant if his residence is known
or can be ascertained; and, when such publication is perfected, the case shall stand for trial
at any time after the expiration of 30 days thereafter. (Code 1852, §2510; Code 1867, §2934;
Code 1876, §3259; Code 1886, §2936; Code 1896, §531; Code 1907, §2931; Code 1923, §6179;
Code 1940, T. 7, §852.)...
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6-6-263
Section 6-6-263 Compelling restoration of property by execution or attachment; form of writ.
(a) Any party recovering specific property may compel its restoration, when practicable, by
a writ of execution or by moving for an attachment. (b) The form of the writ of attachment
or execution mentioned in subsection (a) of this section may be substantially as follows,
though not exclusive of any other sufficient form: State of Alabama, County of ___ To any
lawful officer of the County of ___: You are hereby commanded to attach the specific personal
property and deliver the same to A. B., which he recovered of C. D. on the ____ day of _____,
in the _____ court of said county, and which was therein adjudged to be delivered to said
A. B., to wit: (describe the property), if the same may be had; or if the said C. D. secrete
or remove the said property so that it cannot be attached by you and delivered to said A.
B., then you are commanded to distrain C. D. by all his real and...
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6-9-86
Section 6-9-86 Sale of levied property - Time and place; continuances. Lands, when levied on
under execution from any court of record, must be sold on any Monday in the month at the courthouse
of the county. Other property may be sold on any day, except Sunday, either at the courthouse,
the residence of the defendant, the place where levied on, or the neighborhood thereof, as
may be most expedient. The sale may be continued from day to day if rendered necessary by
the inclemency of the weather or from inability to conclude the sale in one day. (Code 1852,
§2446; Code 1867, §2860; Code 1876, §3198; Code 1886, §2907; Code 1896, §1905; Code 1907,
§4109; Code 1923, §7824; Code 1940, T. 7, §535.)...
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6-9-1
Section 6-9-1 Executions on judgments; forms thereof. The party in whose favor a judgment is
entered, whether for debt, damages, or costs, for the satisfaction thereof, may, within 10
years thereafter, have a writ of execution against the lands and goods of the party against
whom such judgment is entered. When the judgment is for specific property or the alternate
value, or for the possession of lands, appropriate writs of execution may issue for the satisfaction
thereof. Such writs of execution must substantially conform to the following forms: (Form
of Writ of Execution) The State of Alabama, ___ County. To any Sheriff of the State of Alabama:
You are hereby commanded that of the goods and chattels, lands, and tenements of _____, you
cause to be made the sum of _____ dollars, which _____ recovered of him on the _____ day of
_____, 2__, by the judgment of the circuit (or district) court, held for the County of _____,
besides _____ dollars, costs of the action; and have the same to...
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6-9-120
Section 6-9-120 Return showing goods levied on unsold; issuance of writ; form of writ. When
goods levied on remain in the hands of the officer unsold, it is his duty to make return of
the fact; and, thereupon, the clerk must issue a writ for the sale thereof in substance as
follows: The State of Alabama, _____ County. To the Sheriff of said County: You are hereby
commanded to sell those goods and chattels of _____, which you have taken pursuant to our
command, and which, according to your return, remain in your hands unsold, to satisfy _____
the sum of _____ dollars, recovered by him of the said _____ by the judgment of our circuit
(or district) court, held for the County of _____ on the _____ day of _____, 19__, and _____
dollars, cost of the action; and make return of this writ and execution thereof according
to law. Witness my hand, this _____ day of _____, 19__. _____ Clerk or Register. (Code 1852,
§2454; Code 1867, §2868; Code 1876, §3206; Code 1886, §2915; Code 1896, §1913;...
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6-9-63
Section 6-9-63 Execution where defendant dead. After six months from the date of the grant
of letters testamentary or of administration on the estate of any defendant, in a judgment
for money, execution thereof may be had by leave of the court entering the judgment, or of
the judge thereof, upon cause shown, against any property on which said judgment was a lien
at the time of the death of the defendant, and a sale of such property may be made in the
same manner and with the same effect as if the defendant were living. In case of the death
of the defendant in a judgment for the recovery of real or personal property, execution may
be had without revival in the same manner as if the defendant had not died. (Code 1907, §4096;
Code 1923, §7811; Code 1940, T. 7, §524.)...
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