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

35-12-85
Section 35-12-85 Action to establish a claim. A person aggrieved by a decision of the Treasurer
or whose claim has not been acted upon within 120 days after its filing may maintain an original
action to establish the claim in the Circuit Court of Montgomery County, Alabama, naming the
Treasurer as a defendant. In any proceeding for determination of a claim to property under
this article, the burden shall be upon the claimant to establish entitlement to the property
by a preponderance of evidence. The proceeding shall be brought by the claimant within 90
days after the decision of the Treasurer. (Act 2004-440, p. 755, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-12-85.htm - 936 bytes - Match Info - Similar pages

40-29-28
Section 40-29-28 Redemption of property. (a) Before sale. Any person whose property has been
levied upon hereunder or subject to execution under Section 40-2-11 shall have the right to
pay the amount due, together with the expenses of the proceeding, if any, to the commissioner
or his delegate at any time prior to the sale thereof, and upon such payment the commissioner
or his delegate shall restore such property to him, and all further proceedings in connection
with the levy on such property shall cease from the time of such payment. (b) Redemption of
real estate after sale. (1) PERIOD. The owners of any real property sold as provided in Section
40-29-26, their heirs, executors, or administrators, or any person having any interest therein,
or a lien thereon, or any person in their behalf, shall be permitted to redeem the property
sold, or any particular tract of such property, at any time within one year after the sale
thereof. Real property purchased by the state at said sale may be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-29-28.htm - 2K - Match Info - Similar pages

11-51-1
Section 11-51-1 Levy and assessment of property taxes; notice of and conduct of hearing upon
objections to assessments. After October 1 of each year, cities and towns may levy taxes upon
property and all subjects of taxation liable therefor at a rate not in excess of the constitutional
limit upon assessments to be made by the city or town clerk or other person designated by
the council or other governing body, such assessment to be made on the state assessment in
the manner provided by the Constitution of the state or in the manner hereinafter authorized
by law; provided, however, that any municipality may by ordinance provide that the tax year
for such municipality shall commence on October 1 of each year and end on the next succeeding
September 30, in which case cities and towns shall levy taxes as above set forth prior to
August 1 of each year. After the assessment has been made, it shall be returned to the council
or other governing body which shall thereupon give 10 days' notice...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-1.htm - 2K - Match Info - Similar pages

12-19-96
Section 12-19-96 When coroners or constables entitled to receive full commissions. Coroners
or constables shall not be entitled to full commissions until after actual levy of execution
on property of the defendant and the money made or paid to the plaintiff in execution, and
then only on the amount actually collected or paid. (Code 1852, §3055; Code 1867, §3526;
Code 1876, §5009; Code 1886, §3669; Code 1896, §1357; Code 1907, §3697; Code 1923, §7259;
Code 1940, T. 11, §35; Acts 1975, No. 1205, p. 2384, §16-142.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-19-96.htm - 864 bytes - Match Info - Similar pages

6-6-145
Section 6-6-145 Suspending entry of judgment - Against defendant while claims, etc., settled.
No judgment can be entered against the defendant in attachment when a claim has been interposed
to try the right of property or when the answer of the garnishee is contested or a contest
has arisen about the title to, or interest in, the debt or demand, money or effects garnished
until these questions are settled, unless other property or effects of the defendant are attached
or garnished about which no contest has arisen or unless personal service by summons and complaint
is had on the defendant. (Code 1852, §2558; Code 1867, §2986; Code 1876, §3311; Code 1886,
§3000; Code 1896, §567; Code 1907, §2968; Code 1923, §6216; Code 1940, T. 7, §889.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-145.htm - 1K - Match Info - Similar pages

6-6-253
Section 6-6-253 Interpleader by defendant of adverse claimant of property; force and effect
of bonds given. (a) If the defendant in a detinue action interpleads a claimant of the property
and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if
the defendant has retained possession of the chattels, giving bond, the court may order the
chattels to be delivered to such claimant on his giving bond with sufficient surety, to be
approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant
with condition that if he is not successful in the action he will, within 20 days thereafter,
deliver the chattels and pay all such damages as may be assessed for the detention thereof
and all costs adjudged against him. If such person refuses or neglects to give such bond for
three days after service of his first pleading or motion in the action, the chattels must
be delivered to the plaintiff on his giving bond with sufficient surety, to be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-253.htm - 2K - Match Info - Similar pages

6-6-80
Section 6-6-80 Indemnification of sheriff by plaintiff. When a doubt exists as to the title
of the defendant to personal property which the sheriff is required to levy upon, he may demand
indemnity from the plaintiff. (Code 1852, §2532; Code 1867, §2959; Code 1876, §3285; Code
1886, §2963; Code 1896, §554; Code 1907, §2954; Code 1923, §6202; Code 1940, T. 7, §875.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-80.htm - 708 bytes - Match Info - Similar pages

6-10-39
Section 6-10-39 Interposition of homestead claim or other exemptions and defense of contest
thereof by spouse or minor children. If a husband, wife or parent, entitled to a homestead
or other exemption, absconds or abandons his or her family, leaves the state, is insane, is
confined under a charge or conviction for felony or misdemeanor, or is under any other disability
or inability, the spouse or, if there is no spouse, the minor child or children, residents
of this state with the intention so to continue, shall be entitled to interpose any and all
claims of homestead or other exemption which the husband, wife, or parent could have interposed;
but the right to such exemptions shall continue only so long as the spouse and minor child
or children, or either, shall remain bona fide residents of this state. In the event of the
death of the husband, wife or parent pending any contest of a claim of homestead or other
exemption, such contest may be revived in the name of the surviving...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-39.htm - 1K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-19-50.htm - 2K - Match Info - Similar pages