43-8-196
Section 43-8-196 Costs. The costs of any contest under the provisions of this article must be paid by the party contesting if he fails; otherwise, it must be paid by the plaintiff or out of the estate, or in such proportion by the plaintiff or out of the estate as the court may direct; and for the costs directed to be paid by the plaintiff or defendant, execution may be issued as in other cases; and the costs directed to be paid out of the estate may be collected as other claims against an estate are collected. (Code 1852, §§1649, 1650, 1653; Code 1867, §§1967, 1968, 1971; Code 1876, §§2331, 2332, 2335; Code 1886, §1996; Code 1896, §4294; Code 1907, §6203; Code 1923, §10632; Code 1940, T. 61, §59; Code 1975, §43-1-76.)...
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12-12-70
Section 12-12-70 Right of appeal and procedure for appeals generally; dismissal for failure to appear. (a) Civil cases. Any party may appeal from a final judgment of the district court in a civil case by filing notice of appeal in the district court, within 14 days from the date of the judgment or the denial of a posttrial motion, whichever is later, or, if the appeal is to an appellate court, within the time prescribed by the Alabama Rules of Appellate Procedure or the Alabama Rules of Juvenile Procedure where applicable, together with security for costs as required by law or rule. (b) Criminal cases. A defendant may appeal from a final judgment of the district court in a criminal or quasi-criminal case by filing notice of appeal within 14 days from the date of judgment or from the date of denial of a post-trial motion, whichever is later, together with such bond as may be fixed by the court, conditioned upon the defendant's appearance before the circuit court; provided, however, that...
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12-22-172
Section 12-22-172 Stays of execution on confessed judgments in misdemeanors. In the case of a misdemeanor, the defendant may confess judgment, with sufficient sureties, for a fine and costs as if no appeal were taken, but execution thereon must be stayed pending the appeal, pursuant to the Alabama Rules of Appellate Procedure. If the judgment of conviction is reversed, the confessed judgment is thereby vacated, but if the judgment of conviction is affirmed or the appeal is dismissed, execution on such confessed judgment may issue at once. (Code 1896, §4320; Code 1907, §6251; Code 1923, §3244; Code 1940, T. 15, §375.)...
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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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12-21-111
Section 12-21-111 Verified itemized statement as evidence of account's correctness. In all actions upon accounts, an itemized statement of the account, verified by the affidavit of a competent witness, taken before and certified by, a notary public or any officer having authority under the laws of this or another state to take and certify affidavits, is competent evidence of the correctness of the account if the plaintiff, at the time of bringing his action, files with his complaint such verified itemized statement and endorses on the complaint the fact that the account is verified by affidavit. Unless the defendant, within the time allowed him for pleading, files in the case an affidavit denying on information and belief the correctness of the account, which affidavit of the defendant shall state whether or not the defendant denies liability and whether or not he disputes the whole account or only a part or parts or an item or items thereof (if defendant disputes only a part or parts...
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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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6-6-604
Section 6-6-604 Appeals - Stay of execution on judgment. If the defendant is adjudged guilty of usurping or intruding into, or unlawfully holding or exercising, any public office, civil or military, or any office in a corporation created by the authority of this state or unlawfully practicing any profession requiring a license, the appeal does not stay the execution of the judgment unless the party appealing shall execute bond, as prescribed in Rule 8 of the Alabama Rules of Appellate Procedure, payable to the State of Alabama. (Code 1896, §3438; Code 1907, §5471; Code 1923, §9950; Code 1940, T. 7, §1154.)...
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8-3-41
Section 8-3-41 Issuance of execution on judgment paid by surety; collection of money from principal debtor or cosureties. (a) If a judgment is entered by any court against a principal debtor and his surety, or against his sureties, and one or more of his sureties shall pay and satisfy the judgment, the same shall be thereby transferred and assigned by operation of law to the surety or sureties paying and satisfying it, who shall have all the liens and equities of such judgment and of the debt or claim on which the same is founded which the creditor therein had. (b) The surety, on making affidavit of his suretyship and of his having paid the judgment and filing the affidavit and any evidence of such payment that he may hold with the officer authorized to issue execution on the judgment to whom he may apply for execution, shall be entitled to have execution issued on the judgment in the name of the plaintiff or complainant for his use or in his own name against the other defendants...
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6-5-692
Section 6-5-692 Required disclosures by plaintiff. (a) Subject to Section 6-5-693, within 90 days after a plaintiff files an asbestos action, the plaintiff shall do all of the following: (1) Provide all parties with an affidavit, signed under oath by the plaintiff, stating all of the following: a. The plaintiff's name, address, date of birth, Social Security number, marital status, occupation, and employers, and if the plaintiff alleges exposure to asbestos through another person, the identity of the other person, and that person's relationship to the plaintiff. b. The asbestos-related disease claimed to exist. c. The plaintiff and plaintiff's counsel have conducted an investigation into all potential sources of the plaintiff's exposure to asbestos and identified with specificity each and every source of exposure to asbestos that is available or known to the plaintiff or plaintiff's counsel and any person through which the plaintiff alleges exposure, including all asbestos-containing...
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6-6-120
Section 6-6-120 In aid of pending action. When an action has been commenced by the filing of a complaint, whether a summons has been executed or not, the plaintiff, his agent, or attorney may, at any time before judgment, sue out an attachment in aid of such action, upon making affidavit and giving bond, as is required in the issue of original attachments, and all proceedings on such attachments must be conducted as are proceedings on original attachments. Such attachment may be sued out in any case in which an original attachment may be sued out and may be issued by the officer having authority to issue original attachments. (Code 1852, §§2566, 2567; Code 1867, §§2994, 2995; Code 1876, §§3319, 3320; Code 1886, §2967; Code 1896, §558; Code 1907, §2958; Code 1923, §6206; Code 1940, T. 7, §879.)...
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