6-6-680
Section 6-6-680 Judgment against sheriff, etc., receiving or executing writ. Judgment must
be entered for the plaintiff, on three days' notice, against the sheriff, coroner, or other
officer receiving or executing the writ in the following cases: (1) For failing to return
an execution, 20 percent on the judgment; (2) For failing to pay over money collected upon
an execution, on demand of the plaintiff, his agent, or attorney, for the amount so collected
and five percent per month damages from the time such demand was made; (3) For failing to
make the money on an execution, which by due diligence could have been made, for the amount
of the execution, interest, and 10 percent damages thereon; (4) For fraudulently making a
false return, for the amount of the execution, interest, and 10 percent damages thereon; (5)
For failing to notify the plaintiff, his agent, or attorney of the collection of money by
execution, for five percent per month on the amount collected from the time when the...
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6-6-720
Section 6-6-720 Entry of summary judgment in favor of state against certain defaulters or sureties.
Summary judgment must be entered in favor of the state against the defaulters named in this
section and their sureties, or either, in any court of the county of their residence having
jurisdiction, on 10 days' notice, in the following cases: (1) Against any tax assessor for
making up a false or fraudulent assessment, in each case, for not more than $500, and such
tax assessor may also be imprisoned in the county jail for not exceeding three months; (2)
Against any county treasurer or county depositaries, or any officer or agency of the county
charged with the duty and custody of receiving and paying out county funds, for failing to
pay over the excess of purchase money as provided in the revenue law to the former owner of
any property sold for taxes, for not less than $200; (3) Against any judge of probate for
failing to make out and forward abstracts, reports, or returns according to...
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12-13-17
Section 12-13-17 Liability of sheriff, deputies, etc., for failure to make money on or return
execution issued by probate court, etc. For a failure to make money on or for failing to return
any execution issued from or returnable to the probate court or for not paying over money
collected on such execution, the sheriff, coroner or other officer and his sureties are liable
to the same penalties and judgments as in like cases in the circuit court, the proceedings
to be instituted and conducted in the probate court in the same manner as in the circuit court,
either party having the right, on request, to a trial of all questions of fact by a jury,
and an appeal from the judgment entered may be taken to the circuit or Supreme Court. (Code
1852, §681; Code 1867, §806; Code 1876, §711; Code 1886, §800; Code 1896, §3379; Code
1907, §5437; Code 1923, §9599; Code 1940, T. 13, §308.)...
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6-9-121
Section 6-9-121 Death of levying officer prior to sale; proceedings if property not delivered
by representatives of deceased officer. (a) When the officer taking property under execution
shall die before the sale thereof, a writ of venditioni exponas shall issue directed to the
proper officer of the county in which the property was taken, and such officer shall, under
the writ of venditioni exponas, receive the property from the representatives of the former
sheriff or other officer, who are required to deliver the same to the officer having the venditioni
exponas, on his producing the same and executing a receipt for the property, and the officer
shall proceed to sell the same as in other cases. (b) If the representatives of the deceased
officer shall refuse or neglect to deliver the property or if there shall not be an executor
or administrator of his estate, the officer having the writ of venditioni exponas may seize
the property taken by the former officer, wherever it may be...
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26-5-18
Section 26-5-18 Enforcement of orders or decrees of probate court against conservator, etc.
The court of probate may, by attachment, compel a conservator to obey its orders or decrees,
and all final decrees rendered against a conservator or against the personal representative
of the conservator on a final settlement have the force and effect of a judgement at law,
on which execution may issue against the conservator or his or her personal representative
and against the sureties of the conservator, whether the principal has signed the bond or
not, whether such settlement is voluntary or involuntary and whether such settlement is made
by the conservator while living or by his or her personal representative after his or her
death. Process of garnishment may issue from the court of probate upon such decrees in like
cases and manner as it may issue on judgments in courts of record and may, in like manner,
be prosecuted to judgment against the garnishee. (Code 1886, §2464; Code 1896,...
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40-10-71
Section 40-10-71 When lands are sold which are not liable for taxes. When lands are sold for
taxes which are not liable therefor, the purchaser may recover from the officer by whose fault
or neglect the assessment or sale was made, and the sureties on his official bond, the amount
of the purchase money paid him therefor, with interest thereon from the day of the sale, together
with all costs which are adjudged against him in any action concerning said land involving
such tax title. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §284.)...
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15-13-81
Section 15-13-81 Conditional judgment - Entry; notice to defendant; execution and return of
notice; alias notices. (a) When an undertaking of bail is forfeited by the failure of the
defendant to appear as required, except when money is deposited instead of bail, a conditional
judgment must be entered by the court in favor of the state against the parties to the undertaking
for the sum thereon expressed, which judgment may be substantially as follows: The State)
vs.) A.B.) Indictment for assault and battery (or other offense, as the case may be). It appearing
to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of
Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared
at the time and place mentioned and fixed in the bond or undertaking to answer in this case;
and the said A. B. having failed to appear at the time and place mentioned in the bond or
undertaking, it is therefore ordered that the State of Alabama recover...
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6-6-723
Section 6-6-723 Judgment for failure to pay over moneys collected or received for county. If
any tax collector, judge of probate, sheriff, clerk, or other officer or person fails to pay
to the county treasurer or other custodian of county funds, within the time prescribed by
law or, in case no time is fixed by law, on the demand of such treasurer or other custodian
of county funds, any money he has collected or received for the county, judgment may be recovered
against such person or such officer and his sureties, or any or either of them, on 10 days'
notice, on motion of such treasurer or other custodian of county funds, in the circuit court
in the name of the county, for the amount so collected or received, with interest from the
time fixed for the payment or from the demand when no time is fixed and 10 percent damages
and costs. (Code 1852, §785; Code 1867, §920; Code 1876, §3396; Code 1886, §3135; Code
1896, §3803; Code 1907, §5939; Code 1923, §10266; Code 1940, T. 7,...
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43-2-585
Section 43-2-585 Enforcement of payment or delivery. If the legacy is not payable in money,
the value thereof as ascertained under section 43-2-584 must be entered of record; and, if
the amount directed to be paid or the property directed to be delivered is not paid or delivered
within 60 days after such order, an execution may issue for such amount or the value of such
property against such executor or administrator and his sureties. (Code 1852, §1777; Code
1867, §2104; Code 1876, §2481; Code 1886, §2197; Code 1896, §265; Code 1907, §2741; Code
1923, §5980; Code 1940, T. 61, §340.)...
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6-2-34
Section 6-2-34 Commencement of actions - Six years. The following must be commenced within
six years: (1) Actions for any trespass to person or liberty, such as false imprisonment or
assault and battery; (2) Actions for any trespass to real or personal property; (3) Actions
for the detention or conversion of personal property; (4) Actions founded on promises in writing
not under seal; (5) Actions for the recovery of money upon a loan, upon a stated or liquidated
account or for arrears of rent due upon a parol demise; (6) Actions for the use and occupation
of land; (7) Motions and other actions against the sureties of any sheriff, coroner, constable,
or any public officer and actions against the sureties of executors, administrators, or guardians
for any nonfeasance, misfeasance, or malfeasance, whatsoever, of their principal, the time
to be computed from the act done or omitted by their principal which fixes the liability of
the surety; (8) Motions and other actions against...
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