|
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-36.htm - 1K - Match Info - Similar pages
6-6-253
Section 6-6-253 Interpleader by defendant of adverse claimant of property; force and effect
of bonds given. (a) If the defendant in a detinue action interpleads a claimant of the property
and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if
the defendant has retained possession of the chattels, giving bond, the court may order the
chattels to be delivered to such claimant on his giving bond with sufficient surety, to be
approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant
with condition that if he is not successful in the action he will, within 20 days thereafter,
deliver the chattels and pay all such damages as may be assessed for the detention thereof
and all costs adjudged against him. If such person refuses or neglects to give such bond for
three days after service of his first pleading or motion in the action, the chattels must
be delivered to the plaintiff on his giving bond with sufficient surety, to be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-253.htm - 2K - Match Info - Similar pages
6-6-456
Section 6-6-456 Judgment and proceedings if possession of effects subject to levy and sale
admitted. If the garnishee admits the possession of effects of the defendant, the subject
of levy and sale under legal process, judgment of condemnation must be entered that such effects
be delivered upon demand after the entry of judgment in favor of the plaintiff in the original
action, or so much thereof as may be necessary to satisfy the judgment, and the sheriff must
make sale thereof. If the garnishee fails to deliver such effects to the sheriff on demand,
he must make return thereof to the clerk, who must thereupon issue an execution against the
garnishee in favor of the plaintiff for the amount of the judgment and costs. If, however,
such failure is without fault or negligence on the part of the garnishee, he may tender to
the plaintiff, his agent, or attorney the value of such effects; and, if such tender is refused,
he may obtain relief by supersedeas. (Code 1852, §§2542-2544; Code...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-456.htm - 1K - Match Info - Similar pages
26-8-51
Section 26-8-51 Sale of property to effect removal thereof from state - Disposition of proceeds
from sale; compensation of commissioner. The commissioner must, as soon as practicable after
the receipt of the purchase money for the property sold by him or her, pay the same to the
judge of probate or register or clerk, as the case may be, of the court ordering the sale,
and such money must be retained and safely kept by such judge or register or clerk until the
sale has been duly confirmed or vacated. If the sale is vacated, the purchase money must be,
by such judge or register or clerk, returned to the purchaser. If the sale is confirmed, such
money must be by such officer paid over to the foreign conservator entitled to receive the
same, after deducting therefrom the costs and expenses attending the sale, including compensation
to the commissioner in the amount of two and one-half percent upon the proceeds of such sale,
but in no case more than $100. (Code 1896, §2385; Code 1907,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-8-51.htm - 1K - Match Info - Similar pages
28-4-228
Section 28-4-228 Disposition of liquor and beverages, etc., seized upon final judgment generally
- Restoration to owner. If it shall be finally decided that any liquors or beverages so seized
are not liable to forfeiture, the court shall order the officer having the same in custody
to restore said liquors, with the vessels containing the same, to the place where they were
seized, as nearly as practicable, and to the person entitled to receive them, which order
the officer shall obey and make return to the court of his acts thereunder. (Acts 1909, No.
191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4861; Code 1940, T. 29, §151.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-228.htm - 947 bytes - Match Info - Similar pages
31-2A-7
Section 31-2A-7 (Article 7.) Apprehension. (a) Apprehension is the taking of a person into
custody. (b) Any person authorized by this code or by Chapter 47 of Title 10, U.S.C., or by
regulations issued under either, to apprehend persons subject to this code, any marshal of
a court-martial appointed pursuant to the provisions of this code, and any peace officer or
civil officer having authority to apprehend offenders under the laws of the United States
or of a state, may do so upon probable cause that an offense has been committed and that the
person apprehended committed it. (c) Commissioned officers, warrant officers, petty officers,
and noncommissioned officers have authority to quell quarrels, frays, and disorders among
persons subject to this code and to apprehend persons subject to this code who take part therein.
(d) If an offender is apprehended outside the state, the offender's return to the area must
be in accordance with normal extradition procedures or by reciprocal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-7.htm - 1K - Match Info - Similar pages
12-21-246
Section 12-21-246 Subpoena of witnesses - Execution. (a) In criminal cases, at the request
of the state, or the defendant or the defendant's attorney, the clerk of the court must issue
subpoenas for witnesses whose address shall be given by the person requesting the subpoena,
specifying therein the time and place for their appearance, the title of the case and at whose
instance the witness is summoned, and commanding the witness to appear in conformity therewith
and give testimony. (b) No subpoena shall issue for a witness residing more than 100 miles
from the place of trial, computed by the route usually traveled, unless the person requesting
the subpoena makes affidavit that the personal attendance of the witness is necessary to a
proper decision of the case and that the deposition of the witness would be insufficient for
that purpose, and the fact that such affidavit has been made must be endorsed by the clerk
upon the subpoena. (c) A subpoena issued under this section shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-246.htm - 3K - Match Info - Similar pages
27-3-25
Section 27-3-25 Service of process on insurers - How served; time to answer or plead. (a) Service
of process upon the commissioner as process agent of the insurer under Section 27-3-24 shall
be made by the proper officer of Montgomery County by serving copies in triplicate of the
process upon the commissioner or upon his assistant, deputy or other person in charge of his
office. Upon receiving such service, the commissioner shall promptly forward a copy thereof
by certified mail or registered mail, with return receipt requested, to the person last designated
by the insurer to receive the same, as provided under subsection (b) of Section 27-3-24, return
one copy with his admission of service and retain one copy in the files of the department.
The commissioner shall keep a record of all actions filed against insurers wherein process
is served on the commissioner, noting the name of the insurer, the date of service, and the
type of action. (b) Where process is served upon the commissioner...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-3-25.htm - 1K - Match Info - Similar pages
36-12-5
Section 36-12-5 Disposition of books, papers, etc., when no longer current. All public officers
and servants of the state, whenever any book, paper or document pertaining to the affairs,
business or transactions of their office has ceased to be current, shall deliver the same
together with a list of such books, papers and documents to the Director of the Department
of Archives and History, receiving in return therefor a receipt from such director which shall
also contain a list of such books, papers and documents, and all such books, papers, and documents
of officers and servants of counties and municipalities shall be, when they cease to be current,
in like manner delivered to the probate judge of such county and to the mayor, president of
the board of commissioners or other executive officer of the municipality and, in like manner,
such officer to whom such books, papers and documents are delivered shall give his receipt
therefor. (Acts 1915, No. 237, p. 287, § 3; Code 1923,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-12-5.htm - 1K - Match Info - Similar pages
43-2-199
Section 43-2-199 Service of process - Citations or notices, etc.; return of process. Citations
to make settlements and other citations or notices to such nonresident executors and administrators,
and all writs or legal process, including executions on decrees and judgments, may be served
by depositing a copy in a sealed envelope, postage prepaid, in a post office at or near the
court or office issuing such process, such envelope to be plainly addressed and directed to
such nonresident executor or administrator at the place and by the name furnished by him upon
the filing of his application for letters, or thereafter as provided in section 43-2-190 and,
when the sureties, or either of them, reside in the state, and their place of residence is
known, by the service of a copy of such writ or process upon one of such sureties. When service
is had by depositing a copy of the writ or process in the post office only and not accompanied
by service upon a surety, such service shall not take...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-199.htm - 2K - Match Info - Similar pages
|