|
6-9-143
Section 6-9-143 Liability of purchaser for not complying with terms of sale; form of action
against purchaser. (a) Any person who may become the purchaser of any real or personal estate
at any sale which may be made at public outcry by an executor, administrator or guardian or
by any sheriff or other officer under and by virtue of any execution or other legal process
and who shall fail or refuse to comply with the terms of such sale when requested so to do
shall be liable for the amount of such purchase money, and it shall be at the option of such
sheriff or other officer either to proceed against such purchaser for the full amount of the
purchase money or to resell such real or personal estate and then proceed against the first
purchaser for the deficiency arising from such sale. (b) The action provided for in subsection
(a) of this section may be commenced in the name of the sheriff or other officer making the
sale for the use of the plaintiff or defendant in execution or for any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-9-143.htm - 1K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-9-89.htm - 1003 bytes - Match Info - Similar pages
15-21-17
Section 15-21-17 When return to be made; form and contents of return. (a) After due service
thereof, the person to whom a writ of habeas corpus is directed must make his return on the
day therein specified if practicable; and, if no day is specified therein and the place to
which the return is to be made is not more than 30 miles from the place where the party is
imprisoned or detained, the return must be made within two days after service, but if more
than 30 and less than 100 miles, within five days, and if over 100 miles, within eight days
after service. (b) The return must be signed by the person making it and be verified by his
oath, unless he is a sworn public officer and makes the return in his official capacity, and
it must state, plainly and unequivocally whether or not he has the party in his custody or
power or under his restraint and, if so, by what authority and the cause thereof, setting
out the same fully, together with a copy of the writ, warrant or other written...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-21-17.htm - 1K - Match Info - Similar pages
28-3-14
Section 28-3-14 Procedure for collection of due and unpaid taxes and penalties imposed by chapter;
lien for taxes and penalties. If any taxes or penalties imposed by this chapter remain due
and unpaid for a period of 10 days, the board shall issue a warrant of execution directed
to any sheriff of the State of Alabama, commanding him to levy upon and sell the real and
personal property of the taxpayer found within his county for the payment of the amount thereof,
with penalties, if any, and the cost of executing the warrant and to return such warrant to
the board and to pay it the money collected by virtue thereof. Upon receipt of such execution,
the sheriff shall file with the clerk of the circuit court of his county a copy thereof and
thereupon the clerk of the circuit court shall enter in his abstract of judgments the name
of the taxpayer mentioned in the warrant and in proper columns the amount of tax with penalties
and costs for which the warrant is issued and the date and hour...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-3-14.htm - 2K - Match Info - Similar pages
28-4-258
Section 28-4-258 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Execution - Persons authorized. The warrant may be executed by any one of the officers to
whom it is directed, but by no other person, except in aid of the officer, he being present
and acting in its execution. The complainant may accompany the officer who executes the warrant
and give information and assist him in executing the writ. A writ addressed to a sheriff may
be executed by any lawful officers. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code
1923, §4744; Code 1940, T. 29, §213.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-258.htm - 912 bytes - Match Info - Similar pages
40-1-15
Section 40-1-15 Execution sufficient warrant for levy. Whenever any execution is issued by
the Department of Revenue for the collection of any taxes assessed by it, such execution duly
attested by the secretary of commission shall be sufficient warrant to the officer to whom
directed to levy on the property of the person against whom directed, and the sheriff or other
officer shall forthwith execute such writ without demanding or requiring any indemnifying
bond or other protective obligation, but the writ issued by the Department of Revenue under
authority of law for the collection of taxes due the state shall be sufficient defense to
any action for damages on any ground other than the willful, wanton, or malicious conduct
of the officer making the levy. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §894.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-1-15.htm - 1K - Match Info - Similar pages
43-2-252
Section 43-2-252 Execution on money decree or judgment. When such decree or judgment is for
the recovery of money and the estate has no executor or administrator, execution shall issue
thereon in favor of the administrator ad litem for the use of the estate, and the money, when
collected, shall be paid by the officer to the judge of the probate court, or to the clerk
or register of the circuit or other court having jurisdiction, from which the execution issued.
The party against whom such decree or judgment is rendered may pay the same to such judge,
clerk or register, before the issue of execution, whose receipt to him therefor shall be a
full discharge of such decree or judgment. (Code 1876, §2626; Code 1886, §2285; Code 1896,
§354; Code 1907, §2820; Code 1923, §6059; Code 1940, T. 61, §167.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-252.htm - 1K - Match Info - Similar pages
45-45-233.28
Section 45-45-233.28 Release pending trial; conditions; order; notice. (a) Any person in Madison
County charged with an offense, at his or her appearance before a judicial officer, may be
ordered released pending trial on his or her personal recognizance or upon the execution of
an unsecured appearance bond in an amount specified by the judicial officer, unless the judicial
officer determines, in the exercise of his or her discretion, that such a release will not
reasonably assure the appearance of the person as required. When such a determination is made,
the judicial officer shall, either in lieu of or in addition to the above methods of release,
impose the first of the following conditions of release which will reasonably assure the appearance
of the person for trial or, if no single condition gives that assurance, any combination of
the following conditions: (1) Place the person in the custody of a designated person agreeing
to supervise him or her. (2) Place restrictions on the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45-233.28.htm - 5K - Match Info - Similar pages
6-6-661
Section 6-6-661 Venue. The summary remedies given in this article must be enforced in the manner
following, except in cases otherwise specially provided in this article: (1) When the motion
is against a sheriff, coroner, clerk, or other officer of court, or their sureties, the motion
must be made in the circuit court of the county in which such officer was acting officially
at the time of the default or in the court to which the process was returnable when the default
consists in the failure to execute or return process or to pay over money collected thereon;
and (2) In all other cases not specially provided for, the motion must be made in the circuit
court of the county in which the person moved against resides or, if he has no permanent residence,
then in any county where he may be found. (Code 1852, §2600; Code 1867, §3029; Code 1876,
§3355; Code 1886, §3099; Code 1896, §3767; Code 1907, §5903; Code 1923, §10230; Code
1940, T. 7, §594.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-661.htm - 1K - Match Info - Similar pages
8-5-28
Section 8-5-28 Action to charge endorser or assignor on contracts assigned by writing and not
covered by Uniform Commercial Code - When holder of contract excused from bringing action,
obtaining judgment, etc. The holder of an endorsed or assigned contract which is not governed
by the Uniform Commercial Code is excused from bringing an action, obtaining the judgment,
and issuing the execution thereon when: (1) The maker has no known place of residence in the
state; (2) By the use of ordinary diligence such residence cannot be ascertained; (3) The
action has been commenced in the county of the residence of the maker and a summons to the
first and next succeeding court returned not found by the proper officer; (4) A judgment against
the maker has been defeated, in whole or in part, by a defense to the merits of such contract
or writing or a setoff against any other than the endorsee or assignee; (5) Any defense, except
a setoff to the merits of such contract or writing, exists which...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-5-28.htm - 1K - Match Info - Similar pages
|