15-10-40
Section 15-10-40 Issuance by clerk, district attorney or judge. A writ of arrest must be issued by the clerk forthwith after the finding of the indictment against each defendant who is not in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited or when an order is made by the judge presiding when the indictment is returned by the grand jury commanding that writ of arrest issue; or it may be issued without order of court by the district attorney of the circuit or by any circuit judge. But if the defendant is in actual custody, he shall be held by virtue of the indictment and no writ of arrest need be issued, unless it is so ordered by the judge presiding when the indictment is found. (Code 1852, §601; Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284; Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)...
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6-6-319
Section 6-6-319 Forms for judgment, restitution or possession. The following or similar forms may be used when appropriate in forcible entry and unlawful detainer proceedings; but they are not exclusive of other appropriate forms: Judgment. A. B. v. C. D. Came the parties on the ______ day of _____, and upon evidence I find the said C. D. guilty of the forcible entry and unlawful detainer (or, unlawful detainer) as complained against him by A. B., and I therefore order and adjudge that C. D. restore to A. B. the possession of the tract of land (or tenement) mentioned in the complaint: _____ (here designate the land or tenement), and pay the cost of this proceeding Writ of Restitution or Possession. State of Alabama, County. ___ To any lawful officer of said county: You are hereby commanded to restore A. B. to possession (or place A. B. in possession) of the land and tenements (or, as the case may be) which A. B. recovered of C. D. in an action of forcible entry and detainer (or...
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6-6-391
Section 6-6-391 Affidavit of amount due plaintiff. To obtain such writ of garnishment, the plaintiff, his agent or attorney must make, before an officer authorized to administer oaths, and file, with the clerk of the court in which the action is pending or the judgment was entered, an affidavit stating the amount due from the defendant to the plaintiff, or his assignee, that process of garnishment is believed to be necessary to obtain satisfaction thereof and that the person to be summoned as garnishee is believed to be chargeable as garnishee in the case. It is not ground of objection that two or more persons having separate interests are mentioned as garnishees. (Code 1852, §2471; Code 1867, §2892; Code 1876, §3219; Code 1886, §§2968, 2973; Code 1896, §2173; Code 1907, §4302; Code 1923, §8053; Code 1940, T. 7, §997.)...
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12-22-193
Section 12-22-193 Examination of petitioner; subpoena of witnesses; ascertainment of financial information; estimate of costs and fees. Upon the filing of the petition with the clerk or the trial judge within the time prescribed in Section 12-22-92, the trial judge shall have the defendant or petitioner brought before him and shall examine the defendant or petitioner under oath concerning the required averment in the petition that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure the same, to pay the court reporter all of his lawful fees for transcribing the evidence and other proceedings had at the trial or on the hearing of said case or the fees of the clerk which will accrue on appeal. The trial court, at such hearing, may issue subpoenas for witnesses as deemed necessary and may call upon the sheriff, the district attorney and other officers of the court to ascertain information relevant to the financial condition and ability of defendant...
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12-22-199
Section 12-22-199 Judgment for costs against petitioner when appeal unfavorable; payment thereof into General Fund; liability for payment. In appeals taken under the provisions of this division, if the judgment or order of the trial court is affirmed or disposed of otherwise unfavorably to the defendant or petitioner, the Supreme Court or the Court of Criminal Appeals affirming said judgment or order shall enter a judgment for costs against the defendant or petitioner, including an amount equal to the fees of the court reporter paid by the state for transcribing the evidence and the fees of the clerk incident to the appeal paid by the state. If said costs are paid by defendant or petitioner, or by another in his behalf, such costs shall be paid into the General Fund of the State of Alabama. If such costs are not presently paid by the defendant or petitioner, or by another in his behalf, execution shall be issued by the trial court upon said judgment against the defendant or petitioner;...
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12-22-222
Section 12-22-222 Stay of proceedings on judgment; admission of defendant to bail; proceedings on failure to appear. (a) If the defendant is in the custody of the sheriff and the order allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being served with the clerk's certificate that the order has been filed and with a copy of the order, keep and detain the defendant in his custody, without executing the sentence which may have been passed on his conviction, to abide the judgment that may be entered on the writ of error. (b) If the conviction is for an offense which is not punished capitally or by imprisonment for a term not exceeding 10 years, the judge or court must also direct the clerk of the court in which conviction was had to admit the defendant to bail in a sum which may be prescribed by the court, with sufficient sureties, conditioned for his appearance at the next session of the court in which the conviction was had and, from session to...
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15-6-41
Section 15-6-41 Return on appeal; contempt for failure. Any undertaking given under any provision of this chapter must be returned by the judge taking the same to the clerk of the court to which an appeal is taken, within 10 days after taking it; and, failing to do so, he may be attached for contempt. (Code 1852, §421; Code 1867, §3970; Code 1876, §4040; Code 1886, §4694; Code 1896, §5175; Code 1907, §7534; Code 1923, §5152; Code 1940, T. 15, §415.)...
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6-6-293
Section 6-6-293 Judgment - Rent of premises after judgment and before possession. The plaintiff may have judgment against the defendant for the rent of the premises which accrues after judgment and before the delivery of possession by motion in the circuit court where the judgment was entered, on 10 days' notice in writing, unless the judgment is stayed by appeal and bond, in which case the motion may be made after affirmance of the judgment. (Code 1852, §2208; Code 1867, §2609; Code 1876, §2958; Code 1886, §2711; Code 1896, §1551; Code 1907, §3855; Code 1923, §7471; Code 1940, T. 7, §956.)...
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12-22-244
Section 12-22-244 Duty of defendant on bail to surrender upon affirmation of conviction or dismissal of appeal. When the defendant in a case of misdemeanor or felony is sentenced to hard labor, imprisonment or to the penitentiary, gives bail pending the appeal and the judgment of conviction is affirmed or the appeal is dismissed, he is bound by the undertaking of bail to surrender himself to the sheriff, at the county jail, within 15 days from the date of such affirmance or dismissal. If he shall fail to do so, the sheriff must endorse the bail bond forfeited, and a writ of arrest must be issued by the clerk; if not executed, another must be issued, and so on until the judgment has been executed. If the defendant is taken on such writ or if he shall surrender himself to the sheriff, the sentence must, without delay, be carried out as if no appeal had been taken. (Code 1852, §755; Code 1867, §4306; Code 1876, §4982; Code 1886, §4513; Code 1896, §4321; Code 1907, §6252; Acts 1911,...
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15-10-41
Section 15-10-41 Form of writ - Felony. When the indictment is for a felony, the writ of arrest may be substantially in the following form: State of Alabama, _____ County. To any sheriff of the state: An indictment having been found against A. B., at the ______ session, 20__, of the ______ court of _____ County, for the offense of ______ (describing the offense so as to show that it is a felony), you are, therefore, commanded forthwith to arrest the said defendant and commit him to jail; and that you return this writ according to law. (signed) C. D., Clerk of the circuit court of _____ Ccounty. Dated this _____ day of ______, 20__. (Code 1852, §602; Code 1867, §4154; Code 1876, §4827; Code 1886, §4397; Code 1896, §5253; Code 1907, §6285; Code 1923, §3279; Code 1940, T. 15, §170.)...
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