11-88-76
Section 11-88-76 Appeal from judgment of circuit court to Supreme Court - By property owner
- Addition by Supreme Court of interest and damages to judgment of circuit court upon affirmance.
In the event a supersedeas bond has been given and the said case is affirmed by the Supreme
Court, it shall add to the judgment entered by the circuit court interest thereon and 10 percent
damages for delay. (Acts 1973, No. 826, p. 1293, §37.)...
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11-88-74
Section 11-88-74 Appeal from judgment of circuit court to Supreme Court - By property owner
- Authorization and procedure generally. An appeal may be taken to the Supreme Court of Alabama
by any person interested in the said property from the judgment entered by the said court
within 42 days upon giving bond for costs of appeal or, if a stay of execution is desired,
upon giving further bond in such sum as the judge of the said court may prescribe, payable
to the authority, with sufficient sureties, to be approved by the judge of the said court,
conditioned to pay such judgment or perform such judgment as the Supreme Court may render
in the premises and all such costs and damages as the authority may have sustained if the
judgment is affirmed. (Acts 1973, No. 826, p. 1293, §35.)...
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18-1A-233
Section 18-1A-233 Restitution of property and damages. If the action is dismissed for any reason,
and the defendant has vacated the property under an order of possession or in reasonable contemplation
of its taking by the plaintiff, the circuit court, upon demand of the defendant, shall order
the plaintiff to (1) deliver possession of the property to the defendant or other person entitled
thereto, and (2) pay damages to the defendant as justice requires, including damages for any
injury to or impairment of the value of the property not within the reasonable control of
the defendant. (Acts 1985, No. 85-548, p. 802, §1304.)...
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6-6-353
Section 6-6-353 Proceedings when determination is against appellant. In cases of forcible entry
or unlawful detainer, the judgment, if against the appellant, must be entered in the circuit
court against him and the sureties on the appeal or certiorari bond, including the costs in
the inferior and circuit courts, and if the appeal or certiorari was sued out by the defendant
and a supersedeas bond was executed, a writ of restitution or possession must be awarded and
judgment must also be entered against the defendant and the sureties on his supersedeas bond
for the value of the rent of the premises pending the appeal. (Code 1852, §§2866, 2867;
Code 1867, §§3315, 3316; Code 1876, §§3712, 3713; Code 1886, §3411; Code 1896, §2146;
Code 1907, §4282; Code 1923, §8023; Code 1940, T. 7, §986.)...
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6-6-700
Section 6-6-700 Entry of judgment against clerk, register, or their sureties. Judgment must,
in like manner, be summarily entered against the clerk of the circuit court and his sureties,
or either of them, and against the register in circuit court and his sureties, or either of
them, on three days' notice, in the following cases: (1) In favor of the plaintiff in execution
for failure to enter on the execution docket the return made upon an execution by the proper
officer, within three days after the return is made, for 20 percent on the amount of the execution
and interest thereon; (2) For failing on demand to pay over money received by him on any judgment
or paid into court, on a plea of tender, other plea, or by rule of court, for the sum so received
by him with five percent per month on the amount from the time of the demand; (3) For failing
to notify the plaintiff, his agent, or attorney under the provisions of Section 6-9-92, which
are made to apply to such clerk, of the...
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11-48-47
Section 11-48-47 Appeals from judgment of circuit court - By municipality - Issuance of execution
and order of sale upon entry of final judgment in favor of municipality. In the event the
final judgment is entered in favor of the city or town, execution may be issued thereon against
the principal and sureties on the appeal bond, unless the amount of the judgment is paid within
30 days from the date of such judgment, and the court shall, by further order, require that
the property assessed be sold to satisfy such judgment. Nothing contained in this article
shall operate to release or discharge the lien on such property unless the assessment is fully
paid. (Code 1907, §1400; Code 1923, §2215; Acts 1927, No. 639, p. 753; Code 1940, T. 37,
§556.)...
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18-1A-286
Section 18-1A-286 Appeal to circuit court upon denial of application by probate court. If the
probate court refuses to grant the application, the applicant shall have a right of appeal
to the circuit court upon giving security for costs, to be approved by the judge of probate,
and upon such appeal the trial shall be de novo. Upon any appeal taken to the circuit court
under this section, if such circuit court determines that the application should be granted,
it shall immediately proceed either to have the damages and compensation assessed as provided
in Section 18-1A-151 or grant the condemnor the right of entry upon deposit of the amount
of its approved offer into circuit court together with a bond in double the amount as provided
in Section 18-1A-284. In such latter event the valuation issue shall be determined as provided
in Section 18-1A-151 as may be set by the circuit court. (Acts 1985, No. 85-548, p. 802, §1617.)...

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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...
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11-47-173
Section 11-47-173 Right of entry of municipality pending appeal. When an appeal is taken from
any preliminary assessment as provided for in subsection (c) of Section 11-47-172, such appeal
shall not deprive the municipal corporation obtaining the judgment of condemnation from a
right of entry for any or all of the purposes provided for in Section 11-47-171 or subsection
(a) of Section 11-47-172; provided, that the amount of damages assessed shall be paid into
court in money and a bond shall be given in not less than double the amount of damages assessed,
with good and sufficient sureties, to be approved by the clerk of the court to which the appeal
is taken, conditioned to pay such damages as the owner of the property may sustain. (Code
1907, §1442; Code 1923, §2298; Code 1940, T. 37, §510.)...
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18-1A-282
Section 18-1A-282 Commissioners to report assessment; issuance of order of condemnation upon
deposit in court or payment of damages, etc., assessed; notice of order. The commissioners
must, within 20 days from their appointment, make a report in writing to the probate court
stating the amount of damages and compensation ascertained and assessed by them for the owners
of each tract of and, or persons injured and other parties interested therein, and thereupon,
within seven days, the probate court must issue an order that the report be recorded and the
property be condemned upon payment or deposit into the probate court of the damages and compensation
so assessed. A notice of entry of said order and the amount of the award shall immediately
be mailed by first class mail to each party whose address is known, together with a notice
of the right to appeal therefrom to the circuit court within 30 days from the date of said
order. (Acts 1985, No. 85-548, p. 802, §1613.)...
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