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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6-6-100
Section 6-6-100 By whom; execution of bond. The defendant in attachment or, in his absence,
a stranger, may replevy the goods or chattels attached, or any part thereof, by executing
bond, with sufficient sureties, payable to the plaintiff, in double the value of the property
replevied, to be determined by the officer making the levy, with condition that if the defendant
fails in the action, the principal in the bond or his sureties will return the specific property
attached within 30 days after the judgment, which bond must be returned with the other papers
of the case. (Code 1852, §2536; Code 1867, §2964; Code 1876, §3289; Code 1886, §2964;
Code 1896, §555; Code 1907, §2955; Code 1923, §6203; Code 1940, T. 7, §876.)...
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6-6-200
Section 6-6-200 Statement of assets - Notice to debtor to file; contents. After the return
of an execution issued by any court in this state upon a judgment against any person or persons
residing in this state, against a firm doing business in this state when a member or members
thereof reside in this state or against a corporation doing business in this state with the
endorsement upon such execution of "no property found," upon the written request
of the judgment creditor filed with the clerk or register, such clerk or register of such
court shall issue a notice to the person, firm, or corporation against whom such execution
shall have been so returned, requiring such person, persons, member or members of such firm
or corporation, through a duly authorized agent, to file in such court within 30 days from
the service of such notice a statement in writing, under oath, of all of the assets of such
person, firm, or corporation, including money, choses in action, notes, bonds, and accounts...

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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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12-22-222
Section 12-22-222 Stay of proceedings on judgment; admission of defendant to bail; proceedings
on failure to appear. (a) If the defendant is in the custody of the sheriff and the order
allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being
served with the clerk's certificate that the order has been filed and with a copy of the order,
keep and detain the defendant in his custody, without executing the sentence which may have
been passed on his conviction, to abide the judgment that may be entered on the writ of error.
(b) If the conviction is for an offense which is not punished capitally or by imprisonment
for a term not exceeding 10 years, the judge or court must also direct the clerk of the court
in which conviction was had to admit the defendant to bail in a sum which may be prescribed
by the court, with sufficient sureties, conditioned for his appearance at the next session
of the court in which the conviction was had and, from session to...
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15-18-80
Section 15-18-80 Issuance and delivery of warrant for execution; delivery of condemned person;
return of receipt; compensation of sheriff. (a) Whenever any person is sentenced to death,
the clerk of the court in which the sentence is pronounced shall, within 10 days after sentence
has been pronounced, issue a warrant under the seal of the court for the execution of the
sentence of death, which warrant shall recite the fact of conviction, setting forth specifically
the offense, the judgment of the court and the time fixed for his execution, and which shall
be directed to the warden of the William C. Holman unit of the prison system at Atmore, commanding
him to proceed, at the time and place named in the sentence, to carry the same into execution,
as provided in Section 15-18-82, and the clerk shall deliver such warrant to the sheriff of
the county in which such judgment of conviction was had, to be by him delivered to the said
warden, together with the condemned person as provided in...
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15-22-50
Section 15-22-50 Authority of circuit and district courts to suspend sentence and place convicted
person on probation. Circuit courts and district courts, subject to the provisions and conditions
hereinafter provided, may suspend execution of sentence and place on probation any person
convicted of a crime in any court exercising criminal jurisdiction. The defendant shall not
be permitted to waive placement on probation by the sentencing court. The court shall have
no power to suspend the execution of sentence imposed upon any person who has been found guilty
and whose punishment is fixed at death or imprisonment in the penitentiary for more than 15
years. Except as provided in the preceding sentence, the court, after a plea of guilty, after
the returning of a verdict of guilty by the jury or after the entry of a judgment of guilty
by the court, may suspend execution of sentence and place the defendant on probation, or may
impose a fine within the limits fixed by law and also place the...
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6-6-597
Section 6-6-597 Addition of person rightly entitled to office; entry of judgment on such right;
delivery of books, papers, and property. (a) When the action is commenced against a person
for usurping an office, the name of the person rightly entitled to the office, with a statement
of his right thereto, may be added, and, when added, judgment may be entered upon the right
of the defendant and also upon the right of the party so alleged to be entitled or only upon
the right of the defendant, as justice may require. (b) If judgment is entered upon the right
of the person so alleged to be entitled and the same is in favor of such person, he is entitled,
after taking the oath of office and executing such official bond as may be required, to take
upon himself the execution of the office, and it is his duty, immediately thereafter, to demand
of the defendant all the books, papers, and property in his custody, or within his power,
belonging to the office. On refusal or neglect to deliver over...
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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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6-6-482
Section 6-6-482 Writ to issue only after final judgments on actions ex contractu. The salary
referred to in this division is not subject to a writ of garnishment in aid of a pending action,
but such writ may issue only after final judgment, on which execution can issue, entered in
actions on contracts or growing out of contracts express or implied and being judgments ex
contractu. The judgment on which such writ can issue must be founded upon a debt, demand,
or claim against said defendant which originated subsequent to September 26, 1923. The salary
referred to in this division is not subject to writ of garnishment issued on judgments ex
delicto. (Acts 1923, No. 427, p. 575; Code 1923, §8091; Code 1940, T. 7, §1035.)...
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