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6-6-456
Section 6-6-456 Judgment and proceedings if possession of effects subject to levy and sale
admitted. If the garnishee admits the possession of effects of the defendant, the subject
of levy and sale under legal process, judgment of condemnation must be entered that such effects
be delivered upon demand after the entry of judgment in favor of the plaintiff in the original
action, or so much thereof as may be necessary to satisfy the judgment, and the sheriff must
make sale thereof. If the garnishee fails to deliver such effects to the sheriff on demand,
he must make return thereof to the clerk, who must thereupon issue an execution against the
garnishee in favor of the plaintiff for the amount of the judgment and costs. If, however,
such failure is without fault or negligence on the part of the garnishee, he may tender to
the plaintiff, his agent, or attorney the value of such effects; and, if such tender is refused,
he may obtain relief by supersedeas. (Code 1852, §§2542-2544; Code...
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12-21-246
Section 12-21-246 Subpoena of witnesses - Execution. (a) In criminal cases, at the request
of the state, or the defendant or the defendant's attorney, the clerk of the court must issue
subpoenas for witnesses whose address shall be given by the person requesting the subpoena,
specifying therein the time and place for their appearance, the title of the case and at whose
instance the witness is summoned, and commanding the witness to appear in conformity therewith
and give testimony. (b) No subpoena shall issue for a witness residing more than 100 miles
from the place of trial, computed by the route usually traveled, unless the person requesting
the subpoena makes affidavit that the personal attendance of the witness is necessary to a
proper decision of the case and that the deposition of the witness would be insufficient for
that purpose, and the fact that such affidavit has been made must be endorsed by the clerk
upon the subpoena. (c) A subpoena issued under this section shall be...
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15-14-30
Section 15-14-30 Demand for jury in misdemeanor cases in circuit court. In all misdemeanor
cases in the circuit court, the issues and questions of fact shall be tried by the judge of
the court without the intervention of a jury except in cases where a trial by jury is demanded
in writing by the defendant. Such written demand shall be filed in the case with the clerk
of the court on or before the first sounding of the case if the case is sounded within 30
days after the defendant has been arrested or taken into custody after the finding of the
indictment or, within 30 days after the defendant has appealed if the case is brought to the
circuit court by appeal; and, if such case is not sounded within 30 days after the defendant
has appealed, been arrested or been taken into custody after the finding of the indictment,
then such written demand must be filed with the clerk within 30 days after the defendant has
appealed, or been arrested or taken into custody after the finding of the...
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15-21-22
Section 15-21-22 Admission to bail if charged with bailable offense; procedure when sufficient
bail not offered; transmission of bail to clerk of court; forfeiture of bail. (a) Upon a hearing
on a writ of habeas corpus, if it appears that the detained party is charged with a public
offense which is bailable, he must be admitted to bail on offering sufficient bail. (b) If
sufficient bail is not offered, the amount of bail required must be endorsed on the warrant,
and the court to which he is required to appear, and the detained party may be afterwards
discharged by the sheriff of the county on giving sufficient bail in the amount so required.
(c) All undertakings of bail taken by any judge or sheriff under the provisions of this section
must be transmitted by him to the clerk of the court before which the party is bound to appear
by the first day of the next succeeding session and may be forfeited, and the same proceedings
thereon had, as against other bail in criminal cases. (Code...
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15-21-24
Section 15-21-24 Grounds for discharge of person in custody under process legally issued. If
it appears that the party is in custody by virtue of process from any court legally constituted
or issued by any officer in the course of judicial proceedings before him authorized by law,
he can only be discharged under a writ of habeas corpus where: (1) The jurisdiction of such
court has been exceeded, either as to matter, place, sum or person; (2) Though the original
imprisonment was lawful, the party has become entitled to his discharge by reason of some
subsequent act, omission or event; (3) The process is void in consequence of some defect in
matter or substance required by law; (4) The process, though in proper form, was issued in
a case or under circumstances not allowed by law; (5) The process is not authorized by any
judgment, order or decree nor by any provision of the law; or (6) The person who has the custody
of him under any order or process is not the person authorized by law to...
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18-2-19
Section 18-2-19 Appeal from assessment of damages to circuit court. From any assessment of
damages made or had under this chapter, the landowner, if dissatisfied, is entitled to an
appeal, as matter of right, to the circuit court of the county, and on such an appeal to a
trial de novo by jury, such appeal to be taken within 20 days after the application is granted,
on giving security for the costs of the appeal, to be approved by the judge of probate. Upon
the giving of such security, the judge of probate must file in the office of the clerk of
the circuit court a full and complete transcript of all the proceedings, including the inquest
of the jury, within 10 days after such appeal is taken. (Code 1886, §3206; Code 1896, §1748;
Code 1907, §3909; Code 1923, §7528; Code 1940, T. 19, §54.)...
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35-4-33
Section 35-4-33 Judgment for specific performance. A judgment for specific performance shall
operate as a deed to convey land or other property without any conveyance being executed by
the vendor. Such judgment, certified by the clerk or register, shall be recorded in the registry
of deeds in the county where the land lies, and shall stand in the place of a deed. In any
action in which the court orders the specific performance of a contract for the sale of real
estate, when it appears from the evidence that the party in whose favor the judgment is made
is entitled to the possession of the real estate as against the other party and that such
other party is in person or by tenants in possession of such real estate, the court may, in
such judgment of specific performance, order the issuance of a writ of possession as in ejectment
cases. (Code 1907, §3366; Code 1923, §6850; Code 1940, T. 47, §35.)...
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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45-49-83.41
Section 45-49-83.41 Creation; procedures; collection and distribution of funds; enforcement.
The District Attorney for the Thirteenth Judicial Circuit of Alabama may establish a Recovery
Unit of the Special Services Division. The district attorney, after electing to establish
the unit, shall assign sufficient staff and resources to effectively operate the unit. The
recovery unit shall be created for the purpose of the administration, collection, and enforcement
of court costs, fines, fines for failure to appear in court, victim compensation assessments,
bail bond forfeitures, restitution, or other payments which are ordered in any criminal proceeding,
quasi-criminal, or any other court proceeding by any court including, but not limited to,
municipal courts, district courts, and circuit courts payable to the state, the county, to
any municipality, or town within the Thirteenth Judicial Circuit, to any crime victim on any
court order or judgment entered which has not been otherwise...
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6-10-88
Section 6-10-88 Report of appraisers or commissioners - Hearing and determination on exceptions;
proceedings when exemption of personalty excessive or insufficient. (a) On the day fixed for
the hearing of such exceptions, an issue shall be made up under the direction of the court
and the same shall be tried as other issues in the court are tried, the party excepting being
the plaintiff on whom shall rest the burden of proof. On the hearing, the court may confirm
or set aside the report, as the right may appear. (b) But if the exceptions relate to the
exemption of personal property and are based on the ground that it is excessive or insufficient,
the court, if the exceptions are sustained, must not set aside the report, but shall ascertain
the amount of such excess or insufficiency and, if excessive, shall order the restoration
to the personal representative of property sufficient in value to cure the excess, describing
the same, and shall enforce such order by a writ of restitution;...
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