11-47-191
Section 11-47-191 Institution of actions, entry, and execution of judgments against municipalities
and other persons or corporations jointly liable. (a) The injured party, if he institutes
a civil action against the municipality for damages suffered by him, shall also join such
other person or persons or corporation so liable as defendant or defendants of the civil action,
and no judgment shall be entered against the city or town unless judgment is entered against
such other person or corporation so liable for such injury, except where a summons is returned
not found as to a defendant or when judgment is entered in his favor on some personal defense,
and if a civil action be brought against the city or town alone and it is made to appear that
any person or corporation ought to be joined as a defendant in the action according to the
provisions in Section 11-47-190, the action shall be dismissed, unless the plaintiff amends
his complaint by making such party or corporation a defendant,...
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15-13-62
Section 15-13-62 Exoneration of bail by surrender of defendant prior to conditional judgment;
bail may arrest or authorize arrest of principal. Bail may, at any time before a conditional
judgment is entered against them, exonerate themselves by surrendering the defendant; and
for that purpose, they may arrest the defendant on a certified copy of the undertaking at
any place in the state, or may authorize another person to arrest him by an endorsement in
writing on such copy. (Code 1852, §609; Code 1867, §4250; Code 1876, §4859; Code 1886,
§4429; Code 1896, §4371; Code 1907, §6351; Code 1923, §3384; Code 1940, T. 15, §209;
Acts 1949, No. 199, p. 230.)...
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35-11-224
Section 35-11-224 Issues; finding or verdict; judgment generally. Any defendant, by appropriate
plea, may put in issue the fact of indebtedness or the existence of the lien, or both, and
may interpose any other defense applicable to the action; and if the court by its finding,
or the jury by their verdict, as the case may be, ascertain that the plaintiff has a lien
as claimed, judgment shall be entered for the amount secured thereby, interest and costs,
against the party liable for the same, and establishing the lien, and condemning the property
to sale for the satisfaction thereof; but if the finding or verdict is for the plaintiff only
on the issue of indebtedness, a judgment shall be entered in his favor for the amount thereof
as in other cases. (Code 1886, §3034; Code 1896, §2739; Code 1907, §4770; Code 1923, §8848;
Code 1940, T. 33, §52.)...
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6-6-163
Section 6-6-163 Forfeiture of claimant's bond; execution for amount of judgment, damages, and
costs. If judgment is entered against the claimant and he fails to deliver the property to
the officer making the levy and pay the costs of the trial of the right of property within
30 days, such officer must endorse the bond forfeited; and thereupon, if the property was
levied on under execution or, if levied on under attachment, after judgment in favor of the
plaintiff against the defendant in attachment, the clerk must issue execution against the
obligors on the bond for the amount of the plaintiff's judgment, for the damages, if any were
assessed, and the costs of the amount of such assessed value, if that is not greater than
the amount of the judgment and for the damages, if any were assessed, and the costs of the
trial of the right of property. And in the event the claimant delivers the property, but fails
to pay damages and costs within 30 days, execution must issue for such damages and...
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6-6-755
Section 6-6-755 Conclusiveness of judgment validating and confirming issuance. If the circuit
court shall enter a judgment validating and confirming the issuance of the obligations and
no appeal shall be taken within the time prescribed in Section 6-6-754 or if taken and the
judgment validating such obligations shall be affirmed by the Supreme Court, or if the circuit
court shall enter a judgment refusing to validate and confirm the issuance of the obligations
and on appeal such judgment shall be reversed by the Supreme Court, in which case the Supreme
Court shall issue its mandate to the circuit court requiring it to enter a judgment validating
and confirming the issuance of the obligations, the judgment of the circuit court validating
and confirming the issuance of the obligations shall be forever conclusive as to the validity
of such obligations against the unit issuing them and against all taxpayers and citizens thereof,
and the validity of such obligations or of the tax or other...
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11-42-69
Section 11-42-69 Trial and entry of judgment by circuit court; appeals from judgment of circuit
court; endorsement on map by probate judge where no appeal from judgment of probate court.
(a) If on the trial in the circuit court it be adjudged that the requisite facts did exist
subjecting the land and property having a situs thereon to taxation by the city, a judgment
shall be entered adjudging that the land and property having a situs thereon be, and the same
is, subject to taxation by the city and that the taxes thereon shall be paid to the city.
If it be adjudged that the requisite facts did not exist, a judgment shall be entered adjudging
that the land and property having a situs thereon is not subject to taxation by the city,
and the cost of appeal and of contest shall be adjudged against the losing party. (b) Either
the city or the property owner may appeal from the judgment of the circuit court to the supreme
court within the time and in the same manner as is provided by the...
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11-81-224
Section 11-81-224 When judgment of circuit court final and conclusive as to validity of obligations,
etc. If the circuit court shall enter a judgment validating and confirming the issuance of
the obligations and no appeal shall be taken within the time prescribed by the Alabama Rules
of Appellate Procedure; or, if an appeal is taken, the judgment validating such obligations
shall be affirmed by the Supreme Court; or, if the circuit court shall render a judgment refusing
to validate and confirm the issuance of the obligations and on appeal such judgment shall
be reversed by the Supreme Court (in which case the Supreme Court shall issue its mandate
to the circuit court requiring it to enter a judgment validating and confirming the issuance
of the obligations), the judgment of the circuit court validating and confirming the issuance
of the obligations shall be forever conclusive as to the validity of such obligations against
the unit issuing them and against all taxpayers and citizens of...
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28-4-275
Section 28-4-275 Forfeiture and condemnation proceedings generally - Apportionment and taxing
of costs. If judgment shall be against only one party defendant appearing, he shall be charged
to pay all the costs of the proceeding in the seizure and detention of the liquors and beverages
and vessels and receptacles claimed by him and the costs of the trial. But if judgment shall
be entered against more than one party claiming distinct parts of or interests in said liquors
and beverages and vessels and receptacles, then the cost of the proceeding and trial may be
equitably apportioned among the defendants for the amount of cost to be adjudged against them
according to the discretion of the judge or court. In the event no one appears to contest
the complaint or if the complaint is not sustained and no judgment of forfeiture is obtained,
the costs shall be taxed and paid as costs are taxed and paid in criminal prosecutions wherein
the state fails, and this rule shall apply as to any separate...
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6-10-32
Section 6-10-32 Contest of exemption claim - Judgment. If the plaintiff fails to appear in
support of his contest or if on the trial all the property in contest is found exempt, judgment
must be entered against the plaintiff for the costs of the levy and contest and releasing
the property from the levy, but if the defendant fails to appear in support of his or her
claim of exemption or if on the trial any of the property is found liable to the process,
judgment must be entered against the defendant for costs and condemning the property to sale.
(Code 1876, §2838; Code 1886, §2528; Code 1896, §2054; Code 1907, §4181; Code 1923, §7903;
Code 1940, T. 7, §646.)...
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11-48-105
Section 11-48-105 Correction of description of ownership of property; reduction of assessment.
The governing body of a municipality may, at any time before judgment entered in the circuit
court, correct errors in the description of ownership of property against which an assessment
has been made for public improvements and may, whenever in its judgment the assessment is
in excess of the special benefits derived from such improvement, reduce the assessment pending
appeal. (Acts 1919, No. 61, p. 65; Code 1923, §2247; Code 1940, T. 37, §577.)...
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