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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40-1-2
Section 40-1-2 Lien for taxes - Generally. (a) If any person liable to pay any tax, other than
ad valorem taxes, neglects or refuses to pay the same the amount, including any interest,
penalty, additional amount, or addition to such tax, together with any costs which may accrue
in addition thereto, shall be a lien in favor of the State of Alabama upon all property and
the rights to property, real or personal, belonging to such person. Unless another date is
specifically fixed by law, the lien shall arise at the time the assessment list, return therefor
or the payment thereof, as the case may be, was due to have been filed with or made to the
Department of Revenue or other agency of the state or county and shall continue until the
liability for such amount is satisfied or becomes unenforceable by reason of the lapse of
time. (b) Such lien shall not be valid against any mortgagee, purchaser in the usual course
of trade, or conventional judgment creditor with an actual money judgment of...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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11-48-47
Section 11-48-47 Appeals from judgment of circuit court - By municipality - Issuance of execution
and order of sale upon entry of final judgment in favor of municipality. In the event the
final judgment is entered in favor of the city or town, execution may be issued thereon against
the principal and sureties on the appeal bond, unless the amount of the judgment is paid within
30 days from the date of such judgment, and the court shall, by further order, require that
the property assessed be sold to satisfy such judgment. Nothing contained in this article
shall operate to release or discharge the lien on such property unless the assessment is fully
paid. (Code 1907, §1400; Code 1923, §2215; Acts 1927, No. 639, p. 753; Code 1940, T. 37,
§556.)...
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11-88-78
Section 11-88-78 Issuance of execution on appeal bond and sale of property assessed when final
judgment entered in favor of authority. In the event the final judgment is entered in favor
of the authority, execution may be issued thereon against the principal and sureties on the
appeal bond, unless the amount of the judgment is paid within 30 days from the date of such
judgment, and the court shall, by further order, direct that the property assessed be sold
to satisfy such judgment. Nothing contained in this article shall operate to release or discharge
the lien on such property, unless the assessment is fully paid. (Acts 1973, No. 826, p. 1293,
§39.)...
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6-6-700
Section 6-6-700 Entry of judgment against clerk, register, or their sureties. Judgment must,
in like manner, be summarily entered against the clerk of the circuit court and his sureties,
or either of them, and against the register in circuit court and his sureties, or either of
them, on three days' notice, in the following cases: (1) In favor of the plaintiff in execution
for failure to enter on the execution docket the return made upon an execution by the proper
officer, within three days after the return is made, for 20 percent on the amount of the execution
and interest thereon; (2) For failing on demand to pay over money received by him on any judgment
or paid into court, on a plea of tender, other plea, or by rule of court, for the sum so received
by him with five percent per month on the amount from the time of the demand; (3) For failing
to notify the plaintiff, his agent, or attorney under the provisions of Section 6-9-92, which
are made to apply to such clerk, of the...
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12-19-50
Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs; issuance
of execution against sheriff, etc., failing to return, levy, or collect execution issued against
plaintiff or appellant for costs. (a) The Clerk of the Supreme Court, clerks of the courts
of appeals, clerks of the circuit courts and probate judges, upon return of an execution "no
property found" against the defendant by the proper officer of the county in which the
judgment was entered, or, if the execution is from the Supreme Court or courts of appeals,
of the county from which the case was brought, may issue execution against the plaintiff or
appellant, as the case may be, for the costs actually created by the plaintiff or appellant,
but for none other, to be collected and returned as other executions. (b) Judgment may be
entered on motion in the circuit court of such county, in the name of the clerk or probate
judge issuing the execution, against the sheriff or his sureties, or either of...
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6-6-430
Section 6-6-430 Filing of bond; discharge of money or property from garnishment; proceedings
as if bond not executed; judgment; discharge of garnishee. (a) When garnishment has been issued
in aid of a pending action or upon a judgment, the defendant may make and file with the judge
or clerk issuing the garnishment bond in such sum as the judge or clerk may prescribe, not
exceeding twice the amount of the plaintiff's demand, payable to the plaintiff, with sufficient
surety, to be approved by such judge or clerk, conditioned to pay the amount for which the
garnishee may be found indebted or liable to the defendant and the cost of the garnishment.
Thereupon, the money or property in the hands of the garnishee is discharged from the garnishment
and the garnishee relieved of all liability therefor to the plaintiff; but the garnishee must
answer, and, except as is otherwise provided in this article, the case must proceed and be
determined as if such bond had not been executed. (b) If the...
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30-4-63
Section 30-4-63 Proceedings upon violation of terms of support order or probation bond. If
at any time the judge of the juvenile court is satisfied, by sufficient proof upon due notice
and hearing, that the defendant has violated the terms of any such order of support or the
terms of any such probation bond, said judge may forthwith, or after further probation, make
and enter an order setting aside such suspension of said judgment and sentence, and may issue
a warrant for the arrest of such defendant, and may, upon such arrest, commit him to jail
or to the sheriff of such county, to serve such sentence, as if same had never been suspended.
Said judge, in such contingency, shall have the right and authority, whether said defendant
is allowed further probation or not, to declare said bond or recognizance forfeited, and the
sum or sums recovered thereon shall be paid to the clerk of the juvenile court for the use
of defendant's wife or children, or both, in the same manner as other money...
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