30-4-59
Section 30-4-59 Suspension of sentence; order of payment of support for wife or children; release
of defendant on probation; bond. At the trial on an entry of a plea of guilty, or after conviction
and after judgment and sentence has been imposed, as provided in this article, the judge of
the juvenile court in the first instance, or the judge of the circuit court on appeal and
trial de novo, may, in his discretion, suspend such judgment and sentence, and, having regard
to the circumstances and to the financial ability or earning capacity of the defendant, may
make an order, which shall be subject to change by the judge of the juvenile court, from time
to time, as circumstances may require, directing the defendant to pay a certain sum periodically
to the clerk of the juvenile court for the use of the defendant's wife or for the use of his
wife and child or children, or for the use of his child or children, and to release the said
defendant from custody on probation, upon his entering...
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6-6-166
Section 6-6-166 Return - Where levy made in different county than where judgment entered or
original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
(a) When the levy is made in a different county from that in which the judgment was entered
or the original attachment issued, if a claim is interposed to the property, it is the duty
of the officer levying the writ to return the original to the court from which it issued,
with a statement thereon showing the interposition of the claim and true copies of the affidavit
and bond, certified by him; and he must return the original affidavit and bond and a true
copy of the writ under which the levy was made, certified by him, to the circuit court of
his own county, where, after 30 days, the trial of the right of property must be had. The
copies thus required to be made, certified as provided in this section, must be received in
lieu of and have, in all respects, the same effect as the originals. (b) If, in the...
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6-9-161
Section 6-9-161 Tendering value of restored property by bond obligors where same dead or destroyed.
When property is restored to the defendant on the execution of a forthcoming bond and the
same dies or is destroyed before the day for the delivery thereof without fault on his part,
the obligors in the bond may tender the value thereof to the plaintiff, his agent or attorney,
and if such tender is refused, the obligors in such bond may, on petition to the judge of
the circuit court, supersede the same. (Code 1852, §2470; Code 1867, §2890; Code 1876, §3217;
Code 1886, §2921; Code 1896, §1919; Code 1907, §4138; Code 1923, §7853; Code 1940, T.
7, §565.)...
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18-1A-191
Section 18-1A-191 View of the property taken. (a) Upon motion of a party or its own motion,
the circuit court may direct the jury to be placed in charge of an officer of the court and
taken personally to view the property sought to be taken. Upon like motion, if the case is
tried before the circuit court without a jury, the judge presiding at the trial may view the
property. The circuit court may prescribe additional terms and conditions consistent with
this section. (b) During a view of the property by the jury, the judge presiding at the trial
shall be present and supervise the proceedings. The parties, their attorneys, engineers, and
other representatives may be present during a view by the jury or judge. (c) During a view,
only the judge presiding at the trial or person designated by the circuit court may make a
statement to the jury relating to the subject matter of the action, and any such statement
must be transcribed as a part of the record. (d) The physical characteristics of...
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40-7-46
Section 40-7-46 Appeals - Notice. Any taxpayer desiring to appeal under Section 40-7-45 shall
file with the officer, board, or commission, or some member thereof, a notice in writing that
he appeals to the circuit court, together with a bond in the sum of $100, with at least one
solvent surety, payable to the State of Alabama, conditioned to prosecute such appeal to effect
and, upon failure so to do, to pay all costs and damages which may be adjudged against him
by the circuit court on such appeal; the bond to be approved by the probate judge or circuit
clerk of the county. (Code 1923, §6097; Code 1940, T. 51, §75.)...
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42-2-9
Section 42-2-9 Appeal from assessment of damages. Either party may appeal from the assessment
of damages and compensation by the commissioners to the circuit court of the county within
30 days after the making of the order of condemnation, upon the report of the commissioners,
by filing in the court rendering the judgment a written notice of appeal, a copy of which
shall be served on the opposite party, and on such appeal the trial shall be de novo. No appeal
shall suspend the judgment if the applicant shall pay into court in money the amount of damages
assessed and give bond in double the amount so assessed, with good and sufficient surety,
to be approved by the judge of probate, to pay such damages as the owner may sustain. (Code
1907, §2423; Code 1923, §3157; Code 1940, T. 59, §13.)...
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6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
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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...
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6-6-351
Section 6-6-351 Writs of restitution or possession - Suspension upon payment of rent by defendant.
(a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure,
in cases of forcible entry or unlawful detainer, an appeal to circuit court or to appellate
court does not prevent the issue of a writ of restitution or possession unless the defendant
pays to the clerk of the district court all rents called for under the terms of the lease,
since the date of the filing of the action and continues to pay all rent that becomes due
and payable under the terms of the lease as they become due, during the pendency of the appeal,
and the sums are to be ascertained by the judge. (b) If the defendant should fail to make
any payments as they become due under subsection (a), the court shall issue a writ of restitution
or possession and the plaintiff shall be placed in full possession of the premises. (c) Upon
disposition of the appeal, the court shall direct the clerk as to...
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8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor, or warrantor
injured by another party's violation of this chapter may bring a civil action in circuit court
to recover actual damages. The court shall award attorney's fees and costs to the prevailing
party in such an action. Venue for any civil action authorized by this section shall be exclusively
in the county in which the dealer's business is located. In an action involving more than
one dealer, venue may be in any county in which any dealer that is party to the action is
located. (b)(1) Prior to bringing suit under this section, the party bringing suit for an
alleged violation shall serve a written demand for mediation upon the offending party. a.
The demand for mediation shall be served upon the other party via certified mail at the address
stated within the manufacturer and dealer agreement between the parties. b. The demand for
mediation shall contain a brief statement of the dispute and the...
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