43-2-152
Section 43-2-152 Enforcement of judgment rendered against decedent before his death. When a
judgment has been entered against a decedent before his death, no execution can issue thereon
against his personal representative, except in the case provided for in section 6-9-62; but
such judgment may be revived against his personal representative by appropriate action or
motion after the lapse of six months from the grant of letters; and sections 43-2-709 and
43-2-810 through 43-2-812 are applicable to such proceeding. (Code 1852, §1930; Code 1867,
§2289; Code 1876, §2633; Code 1886, §2280; Code 1896, §349; Code 1907, §2816; Code 1923,
§6055; Code 1940, T. 61, §132.)...
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6-10-123
Section 6-10-123 Enforcement in action. In any civil action, in which a waiver of the right
of homestead or other exemption is sought to be enforced, the fact of waiver and its extent
must be averred in the complaint or petition and by appropriate pleading may be controverted.
If such averment is sustained, the fact of waiver and its extent must be declared in the judgment
and endorsed on the execution or other process issued thereon. Such waiver shall extend to
the costs of the action. (Code 1876, §2849; Code 1886, §2570; Code 1896, §2107; Code 1907,
§4234; Code 1923, §7963; Code 1940, T. 7, §709.)...
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6-6-370
Section 6-6-370 "Garnishment" defined. A "garnishment," as employed in
this article, is process to reach and subject money or effects of a defendant in attachment,
in a judgment or in a pending action commenced in the ordinary form in the possession or under
the control of a third person, or debts owing such defendant or liabilities to him on contracts
for the delivery of personal property, on contracts for the payment of money which may be
discharged by the delivery of personal property or on contracts payable in personal property;
and such third person is called the garnishee. (Code 1886, §2994; Code 1896, §2171; Code
1907, §4300; Code 1923, §8051; Code 1940, T. 7, §995.)...
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6-6-684
Section 6-6-684 Entry of judgment in favor of sheriff or coroner. (a) Judgment must, in like
manner, be summarily entered in favor of the sheriff or coroner, on three days' notice of
the pendency of the action: (1) Against the obligors on bonds given to indemnify such officer
for levying an execution or attachment or for making sale of property so levied on or attached
after judgment against him for making such levy or sale, for the amount entered against such
officer, with interest from the date of judgment against him. (2) Against the deputy of the
sheriff or coroner and his sureties, or either of them, for the amount of any judgment entered
against the sheriff or coroner for the default of such deputy, with interest from date of
judgment against him. (b) Judgment must, in like manner, be summarily entered in favor of
the sheriff, on three days' notice, against the judge of probate, for the amount of any fees
received by him for such sheriff for the service of citations, notices, or...
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6-9-192
Section 6-9-192 Revival of judgment of district or circuit court when execution did not issue.
No execution shall issue on a judgment of the district or circuit court on which an execution
has not been sued out within 10 years of its entry until the same has been revived by appropriate
motion or action under the Alabama Rules of Civil Procedure. (Code 1852, §2419; Code 1867,
§2830; Code 1876, §3174; Code 1886, §2923; Code 1896, §1925; Code 1907, §4148; Code 1923,
§7863; Code 1940, T. 7, §574.)...
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6-6-599
Section 6-6-599 Judgment - Dissolving corporation and excluding same from corporate rights,
etc. If it is adjudged that a corporation against which an action has been commenced under
this article has, by neglect, abuse or surrender, forfeited its corporate rights, privileges,
and franchises, judgment must be entered that the corporation be excluded from such corporate
rights, privileges, and franchises and be dissolved, and judgment for costs must be entered
against the persons claiming to be such corporation and the directors or managers thereof,
as established by the evidence. Execution shall be issued on such judgment at the expiration
of five days from the date thereof, unless the defendant or the persons claiming to be such
corporation shall, within such time, take an appeal to the supreme court. (Code 1852, §2666;
Code 1867, §3094; Code 1876, §3434; Code 1886, §3179; Code 1896, §3433; Code 1907, §5466;
Code 1923, §9945; Code 1940, T. 7, §1149.)...
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6-6-600
Section 6-6-600 Judgment - Excluding defendant from office or franchise or prohibiting practice
of profession. When a defendant, whether a natural person or a corporation, against whom such
action has been commenced, is adjudged guilty of usurping or intruding into, or unlawfully
holding or exercising, any office or franchise or unlawfully practicing any profession, judgment
must be entered that such defendant be excluded from the office or franchise or be prohibited
from practicing such profession and that the plaintiff recover costs against such defendant.
Execution shall be issued on such judgment at the expiration of five days from the date thereof,
unless the defendant shall, within such time, take an appeal to the supreme court. Any violation
of any such order shall be a contempt of court. (Code 1852, §2665; Code 1867, §3093; Code
1876, §3433; Code 1886, §3178; Code 1896, §3432; Code 1907, §5465; Code 1923, §9944;
Code 1940, T. 7, §1148.)...
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6-6-261
Section 6-6-261 Execution upon judgment. If the party in whose favor the judgment is given
is in possession of the property in controversy, he shall retain it or, if the property is
in possession of the officer seizing it, he shall deliver it to the successful party, and
a writ of execution will issue for the damages and costs of the action. If the property is
in possession of the losing party, the execution shall command the sheriff to take the property
in controversy and deliver it to the successful party and, if the property cannot be had,
that he make the value thereof out of the goods and chattels, lands and tenements of the party
and his sureties, if any, against whom the judgment is entered and shall command that he so
make the damages assessed and costs of the action. (Code 1907, §3782; Code 1923, §7393;
Code 1940, T. 7, §922.)...
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6-6-187
Section 6-6-187 Subjecting unpaid subscriptions to satisfy payment of judgment against corporation.
A judgment creditor of a corporation, having an execution returned, "no property found,"
may, by complaint in a court of competent jurisdiction, subject to the payment of his judgment
the unpaid subscription of one or more stockholders in such corporation without joining the
other stockholders and without regard to whether the corporation has called for such subscription
or could commence an action therefor against the stockholder. (Code 1896, §823; Code 1907,
§3744; Code 1923, §7347; Code 1940, T. 7, §902.)...
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6-6-455
Section 6-6-455 Proceedings when garnishee liable for delivery of personal property. If the
garnishee is liable for the delivery of personal property or for the payment of money which
may be discharged by the delivery of personal property, the value of the property must be
ascertained and a judgment entered against the garnishee that if he does not, by a day to
be fixed by the court which must be a day after the maturity of such contract, deliver such
property to the sheriff or other lawful officer, he must pay the value thereof or the sum
of money which was payable therein. Upon the return of the sheriff or such other officer that
such property was not delivered or the value thereof or such sum of money was not paid to
him as required by the judgment, execution must be issued for the ascertained value of such
property or for the sum of money payable therein, if the same is less than the amount of the
judgment against the defendant in the original action, or, if more or equal thereto,...
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