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6-6-352
Section 6-6-352 Writs of restitution or possession - Issuance by circuit court. In the event
that the plaintiff is placed in possession under a writ of restitution or possession, and
on appeal the judgment is reversed and one entered for the defendant or the proceeding on
appeal is quashed or dismissed, the circuit court may award a writ of restitution or possession
to restore him to possession as against the plaintiff, but not as against a third party; but
the issuance of the writ rests in the discretion of the appellate court, and the circuit court
may, in all cases, direct writs of restitution or possession to be issued by the trial court
when, in the judgment of the circuit court, such writ is proper or necessary (Code 1923, §8030;
Code 1940, T. 7, §993.)...
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35-9A-461
Section 35-9A-461 Landlord's action for eviction, rent, monetary damages, or other relief.
(a) A landlord's action for eviction, rent, monetary damages, or other relief relating to
a tenancy subject to this chapter shall be governed by the Alabama Rules of Civil Procedure
and the Alabama Rules of Appellate Procedure except as modified by this chapter. (b) District
courts and circuit courts, according to their respective established jurisdictions, shall
have jurisdiction over eviction actions, and venue shall lie in the county in which the leased
property is located. Eviction actions shall be entitled to precedence in scheduling over all
other civil cases. (c) Service of process shall be made in accordance with the Alabama Rules
of Civil Procedure. However, if a sheriff, constable, or process server is unable to serve
the defendant personally, service may be had by delivering the notice to any person who is
sui juris residing on the premises, or if after reasonable effort no person is...
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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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6-6-353
Section 6-6-353 Proceedings when determination is against appellant. In cases of forcible entry
or unlawful detainer, the judgment, if against the appellant, must be entered in the circuit
court against him and the sureties on the appeal or certiorari bond, including the costs in
the inferior and circuit courts, and if the appeal or certiorari was sued out by the defendant
and a supersedeas bond was executed, a writ of restitution or possession must be awarded and
judgment must also be entered against the defendant and the sureties on his supersedeas bond
for the value of the rent of the premises pending the appeal. (Code 1852, §§2866, 2867;
Code 1867, §§3315, 3316; Code 1876, §§3712, 3713; Code 1886, §3411; Code 1896, §2146;
Code 1907, §4282; Code 1923, §8023; Code 1940, T. 7, §986.)...
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34-28A-26
Section 34-28A-26 Suspension or revocation of licenses or issuance of reprimands to licensees;
appeals; restoration of licenses revoked, reduction of suspensions, etc. (a) The license of
any licensee under this chapter may be suspended or revoked, or a reprimand may be issued
by the board, upon a finding of the board that the licensee has committed any of, but not
limited to, the following acts: (1) Has been convicted of a felony in any court of the United
States, if the acts for which the person is convicted are found by the board to have a direct
bearing on whether the individual should be entrusted to serve the public as a speech-language
pathologist or audiologist. (2) Has been guilty of fraud or deceit in connection with his
or her services rendered as a speech-language pathologist or audiologist. (3) Has aided or
abetted a person, not a licensed speech-language pathologist or audiologist, in illegally
representing himself or herself as a speech-language pathologist or audiologist...
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6-6-337
Section 6-6-337 Proceedings upon determination for either plaintiff or defendant. (a) If the
judge determines in favor of the plaintiff, he must record the decision and enter judgment
with costs, upon which he must issue a writ of execution commanding the sheriff or the constable
to restore the plaintiff to possession or place him in possession of his lands and tenements
according to complaint and to levy on and sell a sufficiency of the defendant's goods and
chattels, lands and tenements to satisfy the costs of the proceedings. Successive writs may
issue at any time when necessary to eject defendant or collect costs and damages, and a defendant
who refuses to obey the mandate of the writ as to the possession of the property or who enters
upon the premises without just cause or legal excuse after being ejected shall be guilty of
resisting an officer and contempt of court and shall be punished and fined accordingly, in
the discretion of the court issuing the process. (b) If the judge...
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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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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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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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2-15-61
Section 2-15-61 Permits required for operation of livestock markets; applications; issuance;
revocation; appeals. (a) No person shall operate a livestock market in the State of Alabama
without first having obtained from the commissioner, as required by this division, an annual
permit therefor. (b) The application for such a permit shall be made upon forms furnished
by the department, which shall be verified by affidavit of the applicant which shall include
all of the following information: (1) The name and address of the applicant or applicants
and, if a corporation, its officers, and if a partnership, the names and addresses of its
partners. (2) The place where applicant proposes to operate a livestock market. (3) A description
of the property and facilities proposed to be used as a livestock market. (4) The kind of
livestock the applicant proposes to handle at the livestock market and the day or days of
the week the applicant proposes to conduct sales. (5) A financial statement of...
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