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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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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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6-6-120
Section 6-6-120 In aid of pending action. When an action has been commenced by the filing of
a complaint, whether a summons has been executed or not, the plaintiff, his agent, or attorney
may, at any time before judgment, sue out an attachment in aid of such action, upon making
affidavit and giving bond, as is required in the issue of original attachments, and all proceedings
on such attachments must be conducted as are proceedings on original attachments. Such attachment
may be sued out in any case in which an original attachment may be sued out and may be issued
by the officer having authority to issue original attachments. (Code 1852, §§2566, 2567;
Code 1867, §§2994, 2995; Code 1876, §§3319, 3320; Code 1886, §2967; Code 1896, §558;
Code 1907, §2958; Code 1923, §6206; Code 1940, T. 7, §879.)...
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6-6-145
Section 6-6-145 Suspending entry of judgment - Against defendant while claims, etc., settled.
No judgment can be entered against the defendant in attachment when a claim has been interposed
to try the right of property or when the answer of the garnishee is contested or a contest
has arisen about the title to, or interest in, the debt or demand, money or effects garnished
until these questions are settled, unless other property or effects of the defendant are attached
or garnished about which no contest has arisen or unless personal service by summons and complaint
is had on the defendant. (Code 1852, §2558; Code 1867, §2986; Code 1876, §3311; Code 1886,
§3000; Code 1896, §567; Code 1907, §2968; Code 1923, §6216; Code 1940, T. 7, §889.)...
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6-4-4
Section 6-4-4 Commencement of action on Sunday. Whenever the plaintiff shall make an affidavit
that he is informed and believes that the defendant is about to abscond or to remove out of
the state, or is about to secrete himself so that service cannot be had upon him on the following
day, he shall be allowed to file his complaint in any of the courts of this state on Sunday.
Upon the filing thereof, a summons shall immediately issue and be served by the sheriff upon
the defendant on the same day of its issuance, and if he cannot be found on that day, then
it shall be served as any other summons and complaint. (Code 1907, §5298; Code 1923, §9416;
Code 1940, T. 7, §346.)...
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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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26-1A-212
Section 26-1A-212 Claims and litigation. Unless the power of attorney otherwise provides, language
in a power of attorney granting general authority with respect to claims and litigation authorizes
the agent to: (1) assert and maintain before a court or administrative agency a claim, claim
for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action
to recover property or other thing of value, recover damages sustained by the principal, eliminate
or modify tax liability, or seek an injunction, specific performance, or other relief; (2)
bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or
intermediate relief and use an available procedure to effect or satisfy a judgment, order,
or decree; (4) make or accept a tender, offer of judgment, or admission of facts, submit a
controversy on an agreed statement of facts, consent...
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25-5-88
Section 25-5-88 Proceedings for determination of disputed claims for compensation - Commencement
of action, etc. Either party to a controversy arising under this article and Article 2 of
this chapter may file a verified complaint in the circuit court of the county which would
have jurisdiction of an action between the same parties arising out of tort, which shall set
forth the names and residences of the parties and the circumstances relating to the employment
at the time of the injury, with a full description of the injury, its nature and extent, the
amount of the average earnings received by the employee which would affect his compensation
under this article and Article 2 of this chapter, the knowledge of the employer of the injury
or the notice to him thereof, which must be of the kind provided for in this article and Article
2 of this chapter and such other facts as may be necessary to enable the court to determine
what, if any, compensation the employee or, in case of a deceased...
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2-2-31
Section 2-2-31 Seizure and condemnation of adulterated, misbranded or substandard article.
Any article, substance, material or product which is subject to the provisions of this article
which is adulterated, misbranded or under the standard, grade, weight or measure claimed,
within the meaning of any provision of law or rules and regulations under authority of law,
and which is manufactured for sale, held in possession with intent to sell, offered or exposed
for sale or sold or delivered within this state shall be liable to be proceeded against in
the circuit court of the county where the same is found and seized for confiscation by writ
of attachment for condemnation. Such writ shall issue upon the sworn complaint of the commissioner
or his duly authorized agent, taken by an officer authorized to administer an oath, to the
effect that such article or product is adulterated or misbranded or is under the standard,
grade, weight or measure claimed, as the case may be, within the meaning...
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34-14A-8
Section 34-14A-8 Revocation, etc., of license; consumer complaint; hearing; appeal; reissuance;
fines. (a) The board may levy and collect administrative fines not to exceed five thousand
dollars ($5,000) for each violation or revoke or suspend the license of any licensee who,
in the opinion of the board, has committed fraud or deceit in obtaining a license required
by this chapter, who has been guilty of gross negligence, incompetence, or misconduct in the
practice of residential home building, who has engaged in the business of residential home
building outside the scope of the license, or who has violated this chapter or a board rule.
Should the board establish or adopt, or both, standards of practice for residential home builders
within the state, as provided in Section 34-14A-12, the board may suspend the license of any
licensee who, in the opinion of the board, has committed a violation of the standards of practice
and may impose any other disciplinary sanctions authorized...
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