11-51-156
Section 11-51-156 Bond to dissolve temporary injunctive relief - Forfeiture of bond and issuance
of execution thereon. In the event no supersedeas bond is given on appeal or if no appeal
is taken and the respondent fails to pay the judgment and costs within 30 days after the entry
of judgment in the circuit court, it shall be the duty of the register or clerk within 10
days of the expiration of said limit of 30 days to declare said bond forfeited and to issue
execution thereon against the principal and sureties. If for any reason the register or clerk
fails to declare the bond forfeited within the time prescribed in this section, he may do
so any time thereafter and issue execution as directed in this section. (Acts 1936-37, Ex.
Sess., No. 152, p. 169; Code 1940, T. 37, §766.)...
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45-45-81.32
Section 45-45-81.32 Seized currency. (a) Any law enforcement agency of Madison County that
is in possession of seized currency which it intends to make part of a forfeiture proceeding
in the circuit court, at the election of the law enforcement agency, may deliver the currency
to the circuit clerk for deposit with a federally insured financial institution ordinarily
and customarily used by the clerk for the holding of funds in the custody of the clerk. (b)
Absent an order of the circuit court, no law enforcement agency may be required to deposit
seized currency pursuant to the procedure contained in this section. The law enforcement agency
may elect to deposit only a portion of currency seized in the manner provided in this section
while maintaining the remaining portion of the seized currency in its original form. In determining
whether to maintain currency in its original form, the law enforcement agency may consider
whether the currency has significant, independent, tangible...
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6-6-257
Section 6-6-257 Assessment of value and damages and judgment - Dismissal of action. When the
property sued for is in the possession of the plaintiff and the action is dismissed, the court
shall cause a jury to assess the alternate value of the property and also the value of the
hire or use thereof during the time it was in the possession of the plaintiff and shall enter
judgment for the defendant for the recovery of the property, or its alternate value, and damages
for the use or hire thereof. (Code 1896, §1482; Code 1907, §3788; Code 1923, §7399; Code
1940, T. 7, §928.)...
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35-4A-4
Section 35-4A-4 Reformation. Upon the petition of an interested person, a circuit court shall
reform a disposition in the manner that most closely approximates the transferor's manifested
plan of distribution and is within the 100 years allowed by Section 35-4A-2(a)(2), (b)(2),
or (c)(2) or the 360 years allowed by Section 35-4A-5(9) if: (1) a nonvested property interest
or a power of appointment becomes invalid under Section 35-4A-2 (statutory rule against perpetuities);
(2) a class gift is not but might become invalid under Section 35-4A-2 (statutory rule against
perpetuities) and the time has arrived when the share of any class member is to take effect
in possession or enjoyment; or (3) a nonvested property interest that is not validated by
Section 35-4A-2(a)(1) can vest but not within 100 years after its creation or in the case
of a trust which meets the requirements of Section 35-4A-5(9), 360 years of its creation.
(Act 2011-532, p. 880, §1.)...
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35-6-124
Section 35-6-124 Appeals. Any of the parties, within 10 days thereafter, may appeal to the
circuit or Supreme Court from the decree of partition or sale, or from a decree confirming
or setting aside the commissioners' report, under the regulations governing appeals in other
cases from decrees of the probate court to the circuit or Supreme Court; and such decree may
be superseded pending the appeal by the appellant, on giving bond in double the amount of
the value of the interests of the other parties in the crops, with sufficient surety, to be
approved by the judge of probate, and with condition to have the crops forthcoming to abide
the decree to be finally rendered in the cause, and in the event of his failure to do so,
to pay all costs and damages arising therefrom. (Code 1876, §3530; Code 1886, §3279; Code
1896, §3204; Code 1907, §5250; Code 1923, §9354; Code 1940, T. 47, §247.)...
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6-6-252
Section 6-6-252 Intervention by claimant of property; disposition of property. When an action
is commenced for the recovery of personal property in specie under the provisions of subsection
(a) of Section 6-6-250, any person claiming an interest in the property may intervene as a
matter of right. Within five days after entry of the order authorizing intervention, the intervenor
may make affidavit that the property sued for belongs to him and give bond in favor of the
party then entitled to possession of the property pending an action, or, if neither party
is then entitled to possession of the property pending an action and the property is in the
custody of the sheriff, in favor of the party from whom the property was taken, the bond to
be in the amount and upon the terms provided in subsection (b) of Section 6-6-250, whereupon
the sheriff must deliver the property to the claimant unless, within five days after the sheriff
seizes the property for delivery to the claimant, the party to...
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11-70-9
Section 11-70-9 Appeal. A municipality or interested party, within 42 days following the effective
date of the judgment, may appeal the judgment of the circuit court to the Court of Civil Appeals.
Any party appealing from an order vesting title in the municipality, as a condition of the
appeal, shall identify the parcel which is the subject of the appeal and, with respect to
that parcel, post a bond with at least one solvent surety in the amount due to redeem the
property under Chapter 10, Title 40. The appeal shall stay the order of the circuit court
only with respect to each parcel identified as the subject of the appeal. The order of the
circuit court shall be affirmed absent a defect in the identification of the property or in
the notice such that the notice deprived a party of the right to due process of law. The order
shall not be reversed on the basis of merely technical noncompliance with this chapter. (Act
2010-396, p. 644, §9.)...
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11-70A-9
Section 11-70A-9 Appeal. A municipality or interested party may, within 42 days following the
effective date of the judgment, appeal the judgment of the circuit court to the Court of Civil
Appeals. Any party appealing from an order vesting title in the municipality shall, as a condition
of the appeal, identify the parcel which is the subject of the appeal and, with respect to
that parcel, post a bond with at least one solvent surety in the amount due to redeem the
property under Chapter 10, Title 40. The appeal shall stay the order of the circuit court
only with respect to each parcel identified as the subject of the appeal. The order of the
circuit court shall be affirmed absent a defect in the identification of the property or in
the notice such that the notice deprived a party of the right to due process of law. The order
shall not be reversed on the basis of merely technical noncompliance with this section. (Act
2012-517, p. 1533, §9.)...
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12-22-5
Section 12-22-5 Final judgment in ad quod damnum proceedings under condemnation order. When
an appeal is taken to the appropriate appellate court by either party pursuant to Rule 4,
Alabama Rules of Appellate Procedure, from a final judgment in the circuit court in ad quod
damnum proceedings under Section 18-1-20, the judgment of the circuit court shall not be stayed
if the compensation assessed is paid to the owner and the costs of the case are paid into
court, or if such compensation together with the costs of the case are paid into court and
the applicant has given bond in double the amount of the damages assessed, conditioned to
pay to the landowner such judgment as may be finally entered in his favor. (Code 1907, §2842;
Acts 1911, No. 442, p. 625; Code 1923, §6084; Code 1940, T. 7, §760.)...
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13A-8-34
Section 13A-8-34 Contesting identification or ownership of metal property. (a) If the secondary
metals recycler contests the identification or ownership of the metal property, the party
other than the secondary metals recycler claiming ownership of any metal property in the possession
of the secondary metals recycler may, provided that a timely report of the theft of the metal
property was made to the proper authorities, bring an action in the circuit court of the county
in which the secondary metals recycler is located. The petition for the action shall include
a description of the means of identification of the metal property utilized by the petitioner
to determine ownership of the metal property in the possession of the secondary metals recycler.
If the person who sold the metal property to the secondary metals recycler is convicted of
theft of property or criminal mischief related to the removal of the metal property, the court
shall order the defendant to make full restitution to...
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