Code of Alabama

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6-6-141
Section 6-6-141 Filing of complaint in actions begun by attachment - Issuance and service of
summons; default judgment. (a) Whenever a complaint is filed in an action begun by attachment,
whether at the time of suing out the attachment or subsequently thereto, a summons shall issue
upon the complaint in all respects, and with the same effect as if the action had been begun
by complaint. The issuance and service of such a summons shall in no manner affect the levy
or lien of the attachment or the enforcement thereof. (b) If the defendant appears and pleads,
the case proceeds as in actions commenced by complaint. If he fails to appear or, appearing,
fails to plead within the time required by law, the plaintiff may take judgment by default,
and the court may determine the amount of damages pursuant to the Alabama Rules of Civil Procedure,
if necessary. (Code 1852, §2572; Code 1867, §3000; Code 1876, §3325; Code 1886, §2996;
Code 1896, §562; Code 1907, §§2962, 2963; Code 1923,...
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15-13-111
Section 15-13-111 Kinds of bail. For persons arrested and taken into custody, there shall be
four kinds of bail used in this state. No other form of bail may be approved and accepted
by any judicial officer, court clerk, magistrate, or any other person designated to accept
and approve bail as stipulated in Division 1, Sections 15-13-100 to 15-13-110, inclusive.
The four kinds of bail shall be judicial public bail, cash bail, property bail, and professional
surety bail. Their definitions are as follows: (1) CASH BAIL. Cash bail is when the defendant
or some person on behalf of the defendant deposits cash in an amount equal to a part or the
total sum of the bail as set by the judicial officer to the clerk of the court having jurisdiction
over the case. Acceptance of cash bail shall conform to Division 9. (2) JUDICIAL PUBLIC BAIL.
Judicial public bail is the release of any defendant without any condition of an undertaking
relating to, or a deposit of, security. Such bail shall be granted...
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36-12-21
Section 36-12-21 Proceedings for recovery of papers, property, etc., by successor to office
generally - Filing of complaint; issuance of order to person refusing, etc., to deliver papers,
etc., to show cause why delivery of same should not be compelled. If any person refuses or
neglects, after demand made, to deliver over any books, papers or property as required in
Section 36-12-20, his successor may make complaint thereof to the judge of the circuit court
or judge of the probate court of the county in which the person refusing resides; and, if
such officer is satisfied by the oath of the plaintiff and such other evidence as may be offered
that any such books, papers or property are withheld, he shall grant an order requiring the
person so refusing to show cause before him, on a day and at a place named in such order,
why he should not be compelled to deliver the same. (Code 1852, §155; Code 1867, §194; Code
1876, §207; Code 1886, §302; Code 1896, §3134; Code 1907, §1550; Code...
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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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17-16-59
Section 17-16-59 Judgment of court. If, on the trial of the contest of any election, either
before the judge of probate or the circuit court, it shall appear that any person other than
the one whose election is contested, received or would have received, had the ballots intended
for the person and illegally rejected been received, the highest number of legal votes, judgment
must be given declaring such person duly elected, and such judgment shall have the force and
effect of investing the person thereby declared elected, with full right and title to have
and to hold the office to which the person is declared elected. If it appears that two or
more persons have, or would have had, if the ballots intended for them and illegally rejected
had been received, the highest and equal number of votes for such office, judgment must be
entered declaring the fact, and such fact must be certified to the officer having authority
to fill vacancies in the office the election to which was contested. If...
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35-6-21
Section 35-6-21 Interpleader. During the pendency of any civil action for partition, any person
claiming to be interested in the premises to be assigned or aparted may appear and answer
the complaint, and assert his or her rights, by way of interpleader; and the court shall decide
upon the rights of all persons appearing as aforesaid, as though they had been made parties
in the first instance. (Code 1923, §9332; Code 1940, T. 47, §187.)...
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45-11A-50
Section 45-11A-50 Warrant recall fee. (a) Notwithstanding any law to the contrary, a municipal
judge or a municipal magistrate of the City of Calera, Alabama, may assess a defendant with
a warrant recall fee that shall be paid in order for a municipal judge or magistrate to recall
a failure to appear warrant arising from any municipal ordinance violation against the City
of Calera. (b) The warrant recall fee shall be one hundred dollars ($100) and is to be paid
by the defendant at the time the warrant is recalled. (c) Nothing herein shall be construed
to require the City of Calera to recall a warrant that has been issued. All orders to recall
a warrant shall be issued solely in the discretion of the municipal judge or magistrate. (d)
All fees received by the City of Calera Municipal Court for the warrant recall fee shall be
deposited into the City of Calera Corrections Fund and allocated in conformity with subsection
(a) of Section 11-47-7.1. (Act 2008-404, p. 797, §§1, 2.)...
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45-17A-52
Section 45-17A-52 Warrant recall fee. (a) Notwithstanding any law to the contrary, a municipal
judge or a municipal magistrate of the City of Muscle Shoals, Alabama, may assess a defendant
with a warrant recall fee that shall be paid in order for a municipal judge or magistrate
to recall a failure to appear warrant arising from any municipal ordinance violation against
the City of Muscle Shoals. (b) The warrant recall fee shall be one hundred dollars ($100)
and is to be paid by the defendant at the time the warrant is recalled. (c) Nothing herein
shall be construed to require the City of Muscle Shoals to recall a warrant that has been
issued. All orders to recall a warrant shall be issued solely in the discretion of the municipal
judge or magistrate. (d) All fees received by the City of Muscle Shoals Municipal Court for
the warrant recall fee shall be deposited into the City of Muscle Shoals Corrections Fund
and allocated in conformity with subsection (a) of Section 11-47-7.1. (Act...
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45-2A-136
Section 45-2A-136 Warrant recall fee. (a) Notwithstanding any law to the contrary, a municipal
magistrate of the Town of Silverhill may assess a defendant with a warrant recall fee that
shall be paid in order for a municipal judge or magistrate to recall a failure to appear warrant
arising from any municipal ordinance violation against the Town of Silverhill. (b) The warrant
recall fee shall be one hundred dollars ($100) and is to be paid by the defendant at the time
the warrant is recalled. (c) Nothing herein shall be construed to require the Town of Silverhill
to recall a warrant that has been issued. All orders to recall a warrant shall be issued solely
in the discretion of the municipal judge or magistrate. (d) All fees received by the Town
of Silverhill Municipal Court for the warrant recall fee shall be deposited into the Town
of Silverhill Corrections Fund and allocated in conformity with subsection (a) of Section
11-47-7.1. (Act 2013-363, p. 1310, §§1, 2.)...
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45-2A-161
Section 45-2A-161 Warrant recall fee. (a) Notwithstanding any law to the contrary, a municipal
magistrate of the Town of Summerdale may assess a defendant with a warrant recall fee that
shall be paid in order for a municipal judge or magistrate to recall a failure to appear warrant
arising from any municipal ordinance violation against the Town of Summerdale. (b) The warrant
recall fee shall be one hundred dollars ($100) and is to be paid by the defendant at the time
the warrant is recalled. (c) Nothing herein shall be construed to require the Town of Summerdale
to recall a warrant that has been issued. All orders to recall a warrant shall be issued solely
in the discretion of the municipal judge or magistrate. (d) All fees received by the Town
of Summerdale Municipal Court for the warrant recall shall be deposited into the Town of Summerdale
Corrections Fund and allocated in conformity with subsection (a) of Section 11-47-7.1. (Act
2014-161, p. 461, §§1, 2.)...
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