6-10-36
Section 6-10-36 Contest of exemption claim - Assessment of value of property and damages resulting
from detention on bond; judgment and execution on bond. When bond has been executed by the
plaintiff or defendant for the forthcoming of the property in contest, the value of the property,
and the damages resulting from its detention must be assessed by the court or jury trying
the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property
and pay the damages as required by the condition of the bond, it shall be the duty of the
sheriff to make due return of that fact; and, upon such return being made, the bond shall
have the force and effect of a judgment, and execution may issue thereon against the obligors
on the bond for the value of the property and the damages assessed, or either, and costs.
(Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code 1923, §7907;
Code 1940, T. 7, §650.)...
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11-51-157
Section 11-51-157 Appeal from judgment of circuit court. The laws of Alabama governing appeals
from money judgments entered by the circuit court shall govern and control appeals taken under
this division, except the Supreme Court of Alabama shall have jurisdiction thereof and except
that the appeal shall be perfected within 42 days from the entry of a final judgment. Any
permanent injunction shall remain in full force and effect unless the respondent executes
a supersedeas bond to stay the execution of the judgment. (Acts 1936-37, Ex. Sess., No. 152,
p. 169; Code 1940, T. 37, §767.)...
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12-14-70
Section 12-14-70 Appeals to circuit courts from judgments of municipal courts and proceedings
thereon. (a) All appeals from judgments of municipal courts shall be to the circuit court
of the circuit in which the violation occurred for trial de novo. (b) The municipality may
appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance
invalid. (c) A defendant may appeal in any case within 14 days from the entry of judgment
by filing notice of appeal and giving bond, with or without surety, approved by the court
or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by
the court, or in the event no fine is levied the bond shall be in an amount not to exceed
$1,000.00, as fixed by the court, conditioned upon the defendant's appearance before the circuit
court. The municipal court may waive appearance bond upon satisfactory showing that the defendant
is indigent or otherwise unable to provide a surety bond. If an appeal...
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30-4-62
Section 30-4-62 Release of defendant on probation by circuit court; authority of juvenile court
as to probationer. In the event the appeal goes to the circuit court and the defendant shall
be sentenced to jail or hard labor for the county by the circuit court, he shall be remanded
to jail to answer said judgment, and in the event that such judgment and sentence is suspended
and the defendant is released on probation, the court shall inform him as to his duties under
such probation order, and cause the probation bond provided for in this article to be filed
with the clerk of the probate, domestic relations or juvenile court, and said bond shall thereafter
be subject to forfeiture as if filed originally in said probate, domestic relations or juvenile
court as provided for in this article. Upon the entry of such judgment, said circuit court
shall cause to be filed with the clerk of the juvenile court a copy of its judgment, which,
when so filed, shall thereupon become also the judgment of...
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6-6-262
Section 6-6-262 Execution, garnishment, or other process on bond. If the unsuccessful party,
who has given bond and taken the property into possession fails, for 30 days after the judgment,
to deliver the property and to pay the damages assessed for the detention thereof and the
costs, the sheriff must, upon the bond, make return of the fact of such failure; and, thereupon,
the bond has the force and effect of a judgment on which execution, garnishment, or other
process may issue against any, or all, the obligors therein for the alternative value of the
property as assessed by the jury and the damages assessed for its detention and the costs.
If the property is delivered and the damages assessed for its detention and the costs are
not paid, the sheriff must, upon the bond, make return of the fact, and execution, garnishment,
or other process must issue against any or all of the obligors for such damages and costs,
or for either, as either may be unpaid. (Code 1852, §2195; Code 1867,...
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11-48-39
Section 11-48-39 Appeals to circuit court from assessments - Transcript for appeal - Contents.
Upon the filing and the approval of the appeal bond, the clerk of the city or town, upon notice
thereof, shall immediately send to the clerk of the circuit court a transcript of all the
proceedings of the municipality relating to such assessment, so far as the same concerns the
property of the appellant. Such transcript shall contain a description of the property of
such party or parties, the same to be described as accurately as possible according to the
map of the city or town in common use, if there be such map, the name of the owner or owners
of such property and the amount of the assessment. (Code 1907, §1392; Code 1923, §2207;
Acts 1927, No. 639, p. 753; Code 1940, T. 37, §548.)...
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15-6-40
Section 15-6-40 Appeal to circuit court; form of undertaking on appeal. (a) Any person required
to keep the peace under the provisions of Article 2 of this chapter by any judge other than
a judge of an appellate or circuit court is entitled, on entering into an undertaking with
sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution
of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the
county. The judge from whose order the appeal is taken may require such witnesses as he thinks
necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the
peace may appeal to the circuit court and may thereupon be discharged from custody on giving
bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance
at such court and to keep the peace towards all the people of the...
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11-88-70
Section 11-88-70 Appeal from assessments to circuit court - Transmittal to circuit court of
transcript of proceedings of authority as to assessment; contents thereof. Upon the filing
and the approval of the appeal bond, the secretary of the authority, upon notice thereof,
shall immediately send to the clerk of the circuit court to which the appeal may be taken,
a transcript of all the proceedings of the authority relating to such assessment, so far as
the same concerns the property of the appellant. Such transcript shall contain a description
of the property of such party or parties, which shall be described as accurately as possible
according to the map of the county in common use, if there be such map, the name of the owner
or owners of such property and the amount of the assessment. (Acts 1973, No. 826, p. 1293,
§31.)...
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35-6-20
Section 35-6-20 Jurisdiction of circuit court to divide or sell for division. The circuit court
shall have original jurisdiction to divide or partition, or sell for partition, any property,
real or personal, held by joint owners or tenants in common; whether the defendant denies
the title of plaintiff or sets up adverse possession or not; and the court in exercising its
jurisdiction shall proceed according to the Alabama Rules of Civil Procedure and, where necessary,
allow service of process by publication as prescribed therein. (Code 1886, §3262; Code 1896,
§3187; Code 1907, §5231; Acts 1909, No. 123, p. 124; Code 1923, §9331; Code 1940, T. 47,
§186.)...
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6-6-165
Section 6-6-165 Return - Where execution issued from probate court; trial in circuit court;
return of execution on forfeited bond. (a) If the levy was made under execution issued from
the probate court, the sheriff must return the original execution to the court from which
it issued with an endorsement thereon showing the interposition of the claim, and he must
return a copy of the execution and of the returns thereon, the affidavit and the bond to the
circuit court of his county, where, after 30 days, the trial of the right of property must
be had according to the provisions of this article. (b) If, in the case provided for in subsection
(a) of this section, the bond is forfeited, the execution on the forfeited bond must be made
returnable to the court from which the original process issued, of which and of the time of
its receipt by the sheriff the clerk must give the judge of probate written notice, which
shall be presumptive evidence of the fact against the sheriff. (Code 1852,...
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