6-6-258
Section 6-6-258 Assessment of value and damages and judgment - Failure of defendant to appear
and plead. Upon the defendant's failure to appear and plead in such case, within the time
provided by law, the plaintiff may take judgment against the defendant for the property sued
for; and, upon proof that defendant was in possession of the property sued for at the time
of the service of the writ or at the commencement of the action, the plaintiff may also recover
of the defendant the costs in the case and the value of the use of the property while in the
possession of such defendant and may also have the jury to assess the value of the property
sued for and have judgment thereon for the alternate value thereof as is now provided by law.
(Acts 1911, No. 53, p. 33; Code 1923, §7406; Code 1940, T. 7, §936.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-258.htm - 1K - Match Info - Similar pages

6-6-256
Section 6-6-256 Assessment of value and damages and judgment - Trial of action. Upon the trial
the jury must, if it finds for the plaintiff, assess the value of each article separately,
if practicable, and also assess damages for its detention. If it finds for the defendant,
it must, in like manner, assess the value and, if in the possession of the plaintiff, assess
damages for its detention. Judgment against either party must be for the property sued for,
or its alternate value, with damages for its detention to the time of trial. (Code 1852, §2194;
Code 1867, §2595; Code 1876, §2944; Code 1886, §2719; Code 1896, §1476; Code 1907, §3781;
Code 1923, §7392; Code 1940, T. 7, §921.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-256.htm - 1K - Match Info - Similar pages

6-6-257
Section 6-6-257 Assessment of value and damages and judgment - Dismissal of action. When the
property sued for is in the possession of the plaintiff and the action is dismissed, the court
shall cause a jury to assess the alternate value of the property and also the value of the
hire or use thereof during the time it was in the possession of the plaintiff and shall enter
judgment for the defendant for the recovery of the property, or its alternate value, and damages
for the use or hire thereof. (Code 1896, §1482; Code 1907, §3788; Code 1923, §7399; Code
1940, T. 7, §928.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-257.htm - 898 bytes - Match Info - Similar pages

6-6-250
Section 6-6-250 Duty of clerk to require taking of property by sheriff unless defendant gives
bond; disposition of property on failure to give bond. (a) When an action is commenced for
the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney makes
affidavit that the property sued for belongs to the plaintiff and executes a bond in such
sum and with such surety as may be approved by the clerk, with condition that if the plaintiff
fails in the action, he will pay the defendant all such costs and damages as he may sustain
by the wrongful complaint, it is the duty of the clerk to endorse on the summons that the
sheriff is required to take the property mentioned in the complaint into his possession unless
the defendant gives bond payable to the plaintiff, with sufficient surety, in double the value
of the property, with condition that if the defendant fails in the action he will, within
30 days thereafter, deliver the property to the plaintiff and pay all costs...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-250.htm - 2K - Match Info - Similar pages

6-6-259
Section 6-6-259 Actions by mortgagees or vendor in conditional sale contract, etc., against
mortgagors or vendees, etc. (a) If the action is by a mortgagee or his assignee against a
mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving
the title until the entire purchase money shall be paid, or his assignee, against his vendee
or one holding under him, the defendant may, upon suggestion, require that the jury ascertain
the amount of the mortgage debt or the unpaid balance of the purchase price of the article
sold; and if the debt due is ascertained to be less than the value of the property sued for
as assessed by the jury, judgment must be entered for the property sued for or if that is
not to be had, then for the amount of the debt as ascertained by the jury. The court must
also make an order that, if the debt so ascertained, interest and costs, shall be paid within
30 days, no execution or other process shall issue on the judgment; and on...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-259.htm - 2K - Match Info - Similar pages

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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-47-191.htm - 2K - Match Info - Similar pages

27-44-8
Section 27-44-8 Powers and duties of association. (a) If a member insurer is an impaired insurer,
the association may, in its discretion and subject to any conditions imposed by the association
that do not impair the contractual obligations of the impaired insurer, and that are approved
by the commissioner: (1) Guarantee or reinsure, or cause to be guaranteed, assumed, or reinsured,
any or all of the covered policies of the impaired insurers. (2) Provide such moneys, pledges,
notes, guarantees, or other means as are proper to effectuate subdivision (1), and assure
payment of the contractual obligations of the impaired insurer pending action under subdivision
(1). (b) If a member insurer is an insolvent insurer, the association shall, in its discretion
and subject to the approval of the commissioner, do either of the following: (1)a. Guarantee,
assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies
of the insolvent insurer. b. Assure payment of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-44-8.htm - 24K - Match Info - Similar pages

6-10-29
Section 6-10-29 Contest of exemption claim - Filing of inventory by defendant; effect of failure
to file. On any contest of a claim of exemption to personal property, on the plaintiff's written
demand, made at any time, the defendant claiming the exemption shall, within 10 days, file
a full and complete inventory, duly verified by oath, of all his or her personal property,
except the wearing apparel, portraits, pictures, and books specifically exempted from levy
and sale, with the value and location of each item of such property, of all money belonging
to him or her, whether in his or her possession or held by others for him or her, and of all
debts and choses in action belonging to him or her or in which he or she is beneficially interested,
with the value of each of them. If such inventory is not filed within the time prescribed,
the plaintiff shall not be required to tender an issue on the claim, but the court must enter
judgment by default against the defendant, unless good and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-29.htm - 1K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-430.htm - 2K - Match Info - Similar pages

40-7-25
Section 40-7-25 Estimation of fair market value; assessment list; notice; objections. Except
as otherwise provided by law, the assessing official shall, from information entered on the
tax return list and from all other information known to him or her, or which he or she may
procure, proceed to ascertain what, in his or her best judgment, is a fair and reasonable
market value of each item of property returned by or listed to any taxpayer; provided, that
the assessed value of any real estate or improvements as fixed for taxation for the year next
preceding the then current tax year shall be prima facie the basis of the value of the property
for assessment for the current tax year, and the property shall not be assessed for taxation
at a less valuation unless, upon evidence submitted to the county board of equalization, as
provided for herein, it is found that the assessed valuation of the property reviewed should
be reduced. The assessing official shall in separate columns enter on the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-7-25.htm - 3K - Match Info - Similar pages