12-22-25
Section 12-22-25 Security for costs of appeal. In all other cases in which an appeal is taken
under the provisions of this division, the appellant, or someone for him, must give security
for the costs of such appeal, to be approved by the probate judge or the clerk of the circuit
court, as the case may be, and the names of such sureties must be certified with the record
to the appellate court, but the filing of security for costs is not a jurisdictional prerequisite.
If the appellant fails to prosecute his appeal or the judgment is not reversed or is entered
against him for a less amount than the judgment of the court from which the appeal is taken,
execution may issue against him and such sureties for the costs of the appeal. (Code 1852,
§1898; Code 1867, §2257; Code 1876, §3967; Code 1886, §3647; Code 1896, §464; Code 1907,
§2862; Code 1923, §6121; Code 1940, T. 7, §782.)...
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15-13-118
Section 15-13-118 Arrest of defendant by surety after conditional forfeiture. After the entry
of a conditional forfeiture against any surety on an undertaking of bail, the surety may arrest
the defendant as provided in Section 15-13-117, but the arrest and delivery of the defendant
to the authorized jail as stated in Section 15-13-117 shall not exonerate the surety unless,
in the judgment of the court, a good and sufficient cause is given for the failure of the
defendant to appear at the time the conditional judgement was entered. (Acts 1993, No. 93-677,
p. 1259, §19.)...
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18-1A-213
Section 18-1A-213 Performance of work to reduce amount of award. (a) If the probate court finds
that the plaintiff and defendant have entered into a written agreement under which the plaintiff
has completed, or has undertaken to perform, described work, or if a pretrial order required
the performance of work by the plaintiff, the court may include in the judgment a determination
that the plaintiff has satisfied, or may satisfy, the judgment in whole or in part by performing
the work as described. (b) The provisions included in the judgment under subsection (a) shall
describe or incorporate the terms and conditions of the agreement or pretrial order, and to
the extent the agreement or order fails to provide therefor shall include requirements relating
to: (1) The location and nature of the work and the time for its commencement and completion;
and (2) The amount of compensation awarded which is or will be satisfied by performance of
the work by the plaintiff, rather than by payment in...
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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45-39-40.26
Section 45-39-40.26 Decisions of board; appeals. (a) Findings made by the board are deemed
conclusive, unless within 30 days after notice of the decision of the board has been given
an aggrieved party, the aggrieved person shall appeal the finding or ruling to the circuit
court of the county of his or her residence or to the Circuit Court of Lauderdale County.
In the event of such appeal, the circuit court shall hear the same de novo. The appeal shall
be taken by the filing with the board of a letter stating the aggrieved person's desire to
appeal the findings, and the letter shall specify whether the appeal is taken to the circuit
court of the county of his or her residence or to the Circuit Court of Lauderdale County.
The aggrieved person shall have a right to demand trial by jury by demanding same at the time
of the filing with the board of the notice of appeal. The action of the board shall be stayed
pending appeal. The circuit court shall have the right to affirm, reverse, or...
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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...
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6-6-597
Section 6-6-597 Addition of person rightly entitled to office; entry of judgment on such right;
delivery of books, papers, and property. (a) When the action is commenced against a person
for usurping an office, the name of the person rightly entitled to the office, with a statement
of his right thereto, may be added, and, when added, judgment may be entered upon the right
of the defendant and also upon the right of the party so alleged to be entitled or only upon
the right of the defendant, as justice may require. (b) If judgment is entered upon the right
of the person so alleged to be entitled and the same is in favor of such person, he is entitled,
after taking the oath of office and executing such official bond as may be required, to take
upon himself the execution of the office, and it is his duty, immediately thereafter, to demand
of the defendant all the books, papers, and property in his custody, or within his power,
belonging to the office. On refusal or neglect to deliver over...
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6-6-79
Section 6-6-79 Proceedings against sheriff and sureties for money received in sale of perishables.
The sheriff and his sureties, or either of them, may be proceeded against by motion, on one
day's notice, at the instance of the plaintiff or of the defendant if the plaintiff fails
in the action for any money received for the sale of perishable property and judgment entered
against him, or them, for the amount and five percent a month from the time of the demand.
(Code 1852, §2530; Code 1867, §2958; Code 1876, §3284; Code 1886, §2962; Code 1896, §553;
Code 1907, §2953; Code 1923, §6201; Code 1940, T. 7, §874.)...
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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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6-6-282
Section 6-6-282 Actions by mortgagee, etc., against mortgagors, etc. If the action is by a
mortgagee or his assignee against the mortgagor, or anyone holding under him, the defendant
may plead payment of the mortgage debt or the performance of the condition of the mortgage,
or any matter which might be pleaded to a direct civil action for the recovery of the mortgage
debt, except the statute of limitations. The jury must pass upon such answers and must ascertain
the amount of the mortgage debt if any is found to exist. If the verdict is for the defendant,
judgment must be entered for him; but if the verdict ascertains an amount due on the mortgage
debt, judgment must be entered for the plaintiff for the possession of the land and the costs,
and the amount of the mortgage debt, as ascertained by the jury, must be stated in the judgment.
If, within 30 days after the entry of the judgment, the defendant shall pay to the plaintiff,
or to the clerk for his use, such debt, interest, and...
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