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https://law.justia.com/codes/alabama/title-6/chapter-6/article-4/division-2/section-6-6-204/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 4 - Creditors' Actions.›Division 2 - Discovery of Assets.›Section 6-6-204 - Remedy Deemed Cumulative.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 2 - Discovery of Assets. › Section 6-6-204 - Remedy Deemed Cumulative.
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Section 6-6-204
Remedy deemed cumulative.
The remedy provided in this division shall be held and construed to be in addition to any existing remedy or process now or hereafter provided by law in such cases for the discovery of assets or the enforcement of collection of judgment.
(Acts 1915, No. 813, p. 927; Code 1923, §7352; Code 1940, T. 7, §907.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-5/section-6-6-220/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 5 - Declaratory Judgments.›Section 6-6-220 - "Person" Defined.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-220 - "Person" Defined.
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Section 6-6-220
"Person" defined.
The word "person," wherever used in this article, shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §168.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-5/section-6-6-221/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 5 - Declaratory Judgments.›Section 6-6-221 - Purpose, Construction, and Administration of Article.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-221 - Purpose, Construction, and Administration of Article.
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Section 6-6-221
Purpose, construction, and administration of article.
This article is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respects to rights, status, and other legal relations and is to be liberally construed and administered. This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §167; Acts 1947, No. 604, p. 444.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-5/section-6-6-222/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 5 - Declaratory Judgments.›Section 6-6-222 - Power of Courts of Record; Form and Effect of Declarations.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-222 - Power of Courts of Record; Form and Effect of Declarations.
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Section 6-6-222
Power of courts of record; form and effect of declarations.
Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment is requested. The declaration may be either affirmative or negative in form and effect, and such declarations shall have the force and effect of a final judgment.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §156.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-5/section-6-6-223/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 5 - Declaratory Judgments.›Section 6-6-223 - Construction or Validity of Instruments, Statutes, Ordinances, Contracts, or Franc...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-223 - Construction or Validity of Instruments, Statutes, Ordinances, Contracts, or Franchises.
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Section 6-6-223
Construction or validity of instruments, statutes, ordinances, contracts, or franchises.
Any person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §157.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-5/section-6-6-224/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 5 - Declaratory Judgments.›Section 6-6-224 - Construction of Contracts Before or After Breach.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-224 - Construction of Contracts Before or After Breach.
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Section 6-6-224
Construction of contracts before or after breach.
A contract may be construed either before or after there has been a breach thereof.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §158.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-5/section-6-6-225/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 5 - Declaratory Judgments.›Section 6-6-225 - Questions on Administration of Trust or Estate of a Decedent, Etc.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-225 - Questions on Administration of Trust or Estate of a Decedent, Etc.
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Section 6-6-225
Questions on administration of trust or estate of a decedent, etc.
Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, infant, incompetent, or insolvent may have a declaration of rights or legal relations in respect thereto:
(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or other;
(2) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §159.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-5/section-6-6-226/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 5 - Declaratory Judgments.›Section 6-6-226 - Enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 Not Exclusive.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-226 - Enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 Not Exclusive.
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Section 6-6-226
Enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 not exclusive.
The enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 does not limit or restrict the exercise of the general powers conferred in Section 6-6-222 in any proceeding where declaratory relief is sought in which a judgment will terminate the controversy or remove an uncertainty.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §160.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-5/section-6-6-227/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 5 - Declaratory Judgments.›Section 6-6-227 - Persons to Be Made Parties; Rights of Persons Not Parties.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-227 - Persons to Be Made Parties; Rights of Persons Not Parties.
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Section 6-6-227
Persons to be made parties; rights of persons not parties.
All persons shall be made parties who have, or claim, any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance, or franchise, such municipality shall be made a party and shall be entitled to be heard; and if the statute, ordinance, or franchise is alleged to be unconstitutional, the Attorney General of the state shall also be served with a copy of the proceeding and be entitled to be heard.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §166.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-5/section-6-6-228/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 5 - Declaratory Judgments.›Section 6-6-228 - Determination of Issue of Fact.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-228 - Determination of Issue of Fact.
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Section 6-6-228
Determination of issue of fact.
When a proceeding under this article involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §164.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-5/section-6-6-229/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 5 - Declaratory Judgments.›Section 6-6-229 - When Refusal Proper.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-229 - When Refusal Proper.
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Section 6-6-229
When refusal proper.
The court may refuse to enter a declaratory judgment where such judgment, if entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §161.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-5/section-6-6-230/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 5 - Declaratory Judgments.›Section 6-6-230 - Granting of Further Relief; Application Therefor; Order to Show Cause.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-230 - Granting of Further Relief; Application Therefor; Order to Show Cause.
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Section 6-6-230
Granting of further relief; application therefor; order to show cause.
Further relief based on a declaratory judgment may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment to show cause why further relief should not be granted forthwith.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §163.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-5/section-6-6-231/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 5 - Declaratory Judgments.›Section 6-6-231 - Awarding of Costs.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-231 - Awarding of Costs.
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Section 6-6-231
Awarding of costs.
In any proceeding under this article, the court may make such award of costs as may seem equitable and just.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §165.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-5/section-6-6-232/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 5 - Declaratory Judgments.›Section 6-6-232 - Review of Orders and Judgments.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-232 - Review of Orders and Judgments.
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Section 6-6-232
Review of orders and judgments.
All orders and judgments under this article may be reviewed as other orders and judgments.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §162.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-6/section-6-6-250/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 6 - Detinue.›Section 6-6-250 - Duty of Clerk to Require Taking of Property by Sheriff Unless Defendant Gives Bond...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-250 - Duty of Clerk to Require Taking of Property by Sheriff Unless Defendant Gives Bond; Disposition of Property on Failure to Give Bond.
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Section 6-6-250
Duty of clerk to require taking of property by sheriff unless defendant gives bond; disposition of property on failure to give bond.
(a) When an action is commenced for the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney makes affidavit that the property sued for belongs to the plaintiff and executes a bond in such sum and with such surety as may be approved by the clerk, with condition that if the plaintiff fails in the action, he will pay the defendant all such costs and damages as he may sustain by the wrongful complaint, it is the duty of the clerk to endorse on the summons that the sheriff is required to take the property mentioned in the complaint into his possession unless the defendant gives bond payable to the plaintiff, with sufficient surety, in double the value of the property, with condition that if the defendant fails in the action he will, within 30 days thereafter, deliver the property to the plaintiff and pay all costs and damages which may accrue from the detention thereof.
(b) If the defendant neglects for five days to give such bond, the property sued for must be delivered to the plaintiff on his giving bond, with sufficient surety, in double the value of the property, payable to the defendant, with condition to deliver the property to the defendant within 30 days after judgment in case he fails in the action and to pay all damages for the detention of the property and costs of the action. If the plaintiff fails to give such bond for five days after the expiration of the time allowed the defendant, the property must be returned to the defendant.
(Code 1852, §§2192, 2193; Code 1867, §§2593, 2594; Code 1876, §§2942, 2943; Code 1886, §§2717, 2718; Code 1896, §§1474, 1475; Code 1907, §§3778, 3780; Code 1923, §§7389, 7391; Code 1940, T. 7, §§918, 920.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-6/section-6-6-251/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 6 - Detinue.›Section 6-6-251 - Service of Process in Action for Recovery of Household Furniture and Equipment; Ef...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-251 - Service of Process in Action for Recovery of Household Furniture and Equipment; Effect Thereof.
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Section 6-6-251
Service of process in action for recovery of household furniture and equipment; effect thereof.
When a detinue action is commenced under the provisions of this article for the recovery of household furniture and equipment and the plaintiff, his agent, or attorney has made an affidavit that the property sued for belongs to the plaintiff and that the plaintiff is entitled to the immediate possession of said property by reason of a default in the payment of the purchase price under a lease sale contract and has executed a bond as required by Section 6-6-250, the sheriff, or other officer authorized to serve process, may serve the summons and complaint by leaving a copy thereof at the place where the household furniture or equipment sued for is seized and taken from the premises by the officer serving the process; and such service shall constitute sufficient service thereof on the defendant for the purpose of obtaining a judgment against the defendant for the property sued for and seized, but not for the costs of court nor any other personal judgment.
(Acts 1951, No. 979, p. 1653, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-6/section-6-6-252/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 6 - Detinue.›Section 6-6-252 - Intervention by Claimant of Property; Disposition of Property.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-252 - Intervention by Claimant of Property; Disposition of Property.
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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 whom the intervenor gave bond gives a similar bond in favor of the intervenor, in which case the property shall be returned to him. The other provisions of this article shall be applicable to intervenors as far as appropriate.
(Code 1896, §1484; Code 1907, §3792; Code 1923, §7403; Code 1940, T. 7, §932.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-6/section-6-6-253/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 6 - Detinue.›Section 6-6-253 - Interpleader by Defendant of Adverse Claimant of Property; Force and Effect of Bon...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-253 - Interpleader by Defendant of Adverse Claimant of Property; Force and Effect of Bonds Given.
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Section 6-6-253
Interpleader by defendant of adverse claimant of property; force and effect of bonds given.
(a) If the defendant in a detinue action interpleads a claimant of the property and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if the defendant has retained possession of the chattels, giving bond, the court may order the chattels to be delivered to such claimant on his giving bond with sufficient surety, to be approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant with condition that if he is not successful in the action he will, within 20 days thereafter, deliver the chattels and pay all such damages as may be assessed for the detention thereof and all costs adjudged against him. If such person refuses or neglects to give such bond for three days after service of his first pleading or motion in the action, the chattels must be delivered to the plaintiff on his giving bond with sufficient surety, to be approved by the clerk, payable to such claimant in the penalty of the bond of the defendant and with like condition. On the execution and approval of either bond, the bond of the defendant is discharged and must be cancelled.
(b) The bonds taken under this section, on breach of the condition thereof and on return of the sheriff as in the case of bonds taken from plaintiff or defendant in other actions for the recovery of chattels in specie, have the force and effect of judgments on which execution or other process may issue against all, or any, of the obligors. If such person, on notice, does not come in and defend, the judgment entered in the action bars him from commencing any action against the plaintiff or defendant for the chattels or the taking, conversion or detention thereof. If the plaintiff fails to give bond as provided in this section, the chattels must be delivered to the defendant.
(Code 1886, §2611; Code 1896, §2634; Code 1907, §6051; Code 1923, §10387; Code 1940, T. 7, §933.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-6/section-6-6-254/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 6 - Detinue.›Section 6-6-254 - Return of Bonds; Liability of Sheriff for Failing to Do So; Compelling Making of R...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-254 - Return of Bonds; Liability of Sheriff for Failing to Do So; Compelling Making of Return.
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Section 6-6-254
Return of bonds; liability of sheriff for failing to do so; compelling making of return.
All bonds taken under this article must be returned within 10 days thereafter to the clerk of the court in which the action is pending, and, on failure, the sheriff is liable to the successful party to the amount of the value of the property and damages for its detention as assessed by the jury, with interest thereon from the entry of the judgment, to be recovered on motion to the court in which such judgment was entered on three days' notice, or the sheriff may, at any time, be compelled by attachment to make such return.
(Code 1852, §2196; Code 1867, §2597; Code 1876, §2946; Code 1886, §2722; Code 1896, §1481; Code 1907, §3787; Code 1923, §7398; Code 1940, T. 7, §927.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-6/section-6-6-255/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 6 - Detinue.›Section 6-6-255 - Proceedings When Officer Fails to Find and Take Property.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-255 - Proceedings When Officer Fails to Find and Take Property.
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Section 6-6-255
Proceedings when officer fails to find and take property.
If the officer fails to find and take the goods and chattels, he may summon the defendant to appear as in other cases, and the plaintiff may then declare and prosecute the action alone for the recovery of the value of the property and damages for the taking and detention of the property as if he had thus commenced his action by a complaint.
(Code 1907, §3779; Code 1923, §7390; Code 1940, T. 7, §919.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-6/section-6-6-256/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 6 - Detinue.›Section 6-6-256 - Assessment of Value and Damages and Judgment - Trial of Action.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-256 - Assessment of Value and Damages and Judgment - Trial of Action.
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Section 6-6-256
Assessment of value and damages and judgment - Trial of action.
Upon the trial the jury must, if it finds for the plaintiff, assess the value of each article separately, if practicable, and also assess damages for its detention. If it finds for the defendant, it must, in like manner, assess the value and, if in the possession of the plaintiff, assess damages for its detention. Judgment against either party must be for the property sued for, or its alternate value, with damages for its detention to the time of trial.
(Code 1852, §2194; Code 1867, §2595; Code 1876, §2944; Code 1886, §2719; Code 1896, §1476; Code 1907, §3781; Code 1923, §7392; Code 1940, T. 7, §921.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-6/section-6-6-257/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 6 - Detinue.›Section 6-6-257 - Assessment of Value and Damages and Judgment - Dismissal of Action.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-257 - Assessment of Value and Damages and Judgment - Dismissal of Action.
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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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https://law.justia.com/codes/alabama/title-6/chapter-6/article-6/section-6-6-258/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 6 - Detinue.›Section 6-6-258 - Assessment of Value and Damages and Judgment - Failure of Defendant to Appear and...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-258 - Assessment of Value and Damages and Judgment - Failure of Defendant to Appear and Plead.
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Section 6-6-258
Assessment of value and damages and judgment - Failure of defendant to appear and plead.
Upon the defendant's failure to appear and plead in such case, within the time provided by law, the plaintiff may take judgment against the defendant for the property sued for; and, upon proof that defendant was in possession of the property sued for at the time of the service of the writ or at the commencement of the action, the plaintiff may also recover of the defendant the costs in the case and the value of the use of the property while in the possession of such defendant and may also have the jury to assess the value of the property sued for and have judgment thereon for the alternate value thereof as is now provided by law.
(Acts 1911, No. 53, p. 33; Code 1923, §7406; Code 1940, T. 7, §936.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 6 - Detinue.›Section 6-6-259 - Actions by Mortgagees or Vendor in Conditional Sale Contract, etc., Against Mortga...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-259 - Actions by Mortgagees or Vendor in Conditional Sale Contract, etc., Against Mortgagors or Vendees, Etc.
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Section 6-6-259
Actions by mortgagees or vendor in conditional sale contract, etc., against mortgagors or vendees, etc.
(a) If the action is by a mortgagee or his assignee against a mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving the title until the entire purchase money shall be paid, or his assignee, against his vendee or one holding under him, the defendant may, upon suggestion, require that the jury ascertain the amount of the mortgage debt or the unpaid balance of the purchase price of the article sold; and if the debt due is ascertained to be less than the value of the property sued for as assessed by the jury, judgment must be entered for the property sued for or if that is not to be had, then for the amount of the debt as ascertained by the jury. The court must also make an order that, if the debt so ascertained, interest and costs, shall be paid within 30 days, no execution or other process shall issue on the judgment; and on payment thereof to the plaintiff or to the clerk for his use, the clerk must, on the face of the record of the judgment, endorse the fact of such payment, and thereafter the plaintiff shall be deemed the unsuccessful party within the meaning of Section 6-6-262.
(b) When the action is by a mortgagee or by a vendor in a contract of conditional sale, or their assignee, against the mortgagor or the vendee, or one holding under them, and suggestion is made as provided in subsection (a) of this section, if the amount of the debt is ascertained to be less than the value of the property sued for and the defendant has given bond and taken the property into his possession and fails for 30 days after the judgment to deliver the property or pay the amount found to be due to the sheriff, execution may issue against the obligors in the bond for the amount of the debt assessed and the costs in like manner as provided in Section 6-6-262.
(c) In any action under the provisions of this article commenced by a mortgagee or by a vendor in a contract of conditional sale, or by their assignee claiming title under such mortgagee or vendor in a contract of conditional sale, in addition to any defenses appropriate to the action of detinue, the defendant may plead any matter of defense, including usury, that he might have pleaded if the action had been on the debt, except the statute of limitations.
(Code 1886, §2720; Code 1896, §§1477, 1478, 1480; Code 1907, §§3789-3791; Code 1923, §§7400-7402; Code 1940, T. 7, §§929-931.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 6 - Detinue.›Section 6-6-260 - Recovery of Attorney's Fee by Person Claiming to Be Owner of Lost or Stolen Proper...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-260 - Recovery of Attorney's Fee by Person Claiming to Be Owner of Lost or Stolen Property.
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Section 6-6-260
Recovery of attorney's fee by person claiming to be owner of lost or stolen property.
Any person claiming to be the owner of lost or stolen property found in the possession of another may, if such person continues to withhold such property five days after demand made therefor and after reasonable proof of his ownership has been made to such holder, commence an action for and recover in an action in detinue, filed against the person withholding said property, a reasonable attorney's fee for the services of his attorney in such action if such claimant prevails therein, upon proof of the reasonable value of such services, which attorney's fee shall be included in the judgment entered in the action and which shall be in addition to any other damages recoverable in such cases.
(Acts 1951, No. 771, p. 1340.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-6/section-6-6-261/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 6 - Detinue.›Section 6-6-261 - Execution Upon Judgment.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-261 - Execution Upon Judgment.
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Section 6-6-261
Execution upon judgment.
If the party in whose favor the judgment is given is in possession of the property in controversy, he shall retain it or, if the property is in possession of the officer seizing it, he shall deliver it to the successful party, and a writ of execution will issue for the damages and costs of the action. If the property is in possession of the losing party, the execution shall command the sheriff to take the property in controversy and deliver it to the successful party and, if the property cannot be had, that he make the value thereof out of the goods and chattels, lands and tenements of the party and his sureties, if any, against whom the judgment is entered and shall command that he so make the damages assessed and costs of the action.
(Code 1907, §3782; Code 1923, §7393; Code 1940, T. 7, §922.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-6/section-6-6-262/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 6 - Detinue.›Section 6-6-262 - Execution, Garnishment, or Other Process on Bond.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-262 - Execution, Garnishment, or Other Process on Bond.
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Section 6-6-262
Execution, garnishment, or other process on bond.
If the unsuccessful party, who has given bond and taken the property into possession fails, for 30 days after the judgment, to deliver the property and to pay the damages assessed for the detention thereof and the costs, the sheriff must, upon the bond, make return of the fact of such failure; and, thereupon, the bond has the force and effect of a judgment on which execution, garnishment, or other process may issue against any, or all, the obligors therein for the alternative value of the property as assessed by the jury and the damages assessed for its detention and the costs. If the property is delivered and the damages assessed for its detention and the costs are not paid, the sheriff must, upon the bond, make return of the fact, and execution, garnishment, or other process must issue against any or all of the obligors for such damages and costs, or for either, as either may be unpaid.
(Code 1852, §2195; Code 1867, §2596; Code 1876, §2945; Code 1886, §2721; Code 1896, §1479; Code 1907, §3783; Code 1923, §7394; Code 1940, T. 7, §923.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 6 - Detinue.›Section 6-6-263 - Compelling Restoration of Property by Execution or Attachment; Form of Writ.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-263 - Compelling Restoration of Property by Execution or Attachment; Form of Writ.
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Section 6-6-263
Compelling restoration of property by execution or attachment; form of writ.
(a) Any party recovering specific property may compel its restoration, when practicable, by a writ of execution or by moving for an attachment.
(b) The form of the writ of attachment or execution mentioned in subsection (a) of this section may be substantially as follows, though not exclusive of any other sufficient form:
State of Alabama,
County of ________
To any lawful officer of the County of ____________:
You are hereby commanded to attach the specific personal property and deliver the same to A. B., which he recovered of C. D. on the ____ day of _____, in the _____ court of said county, and which was therein adjudged to be delivered to said A. B., to wit: (describe the property), if the same may be had; or if the said C. D. secrete or remove the said property so that it cannot be attached by you and delivered to said A. B., then you are commanded to distrain C. D. by all his real and personal estate in your county, so that thereon he does not lay hands, until he delivers to you or to A. B. the specific property mentioned above, recoverable of him by A. B., if the same may be had; but if not, then you shall cause to be made of such estate of C. D. the alternative price and value of said specific property, to wit: _____ dollars, together with _____ dollars damages for the detention, and _____ dollars costs; and if the property be delivered, you will then cause to be made only the damages for detention and costs, and make due return of this writ to this court how you have executed the same.
________________, Clerk
(Code 1852, §2197; Code 1867, §2598; Code 1876, §2947; Code 1886, §2723; Code 1896, §1483; Code 1907, §§3784, 3785; Code 1923, §§7395, 7396; Code 1940, T. 7, §§924, 925.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 6 - Detinue.›Section 6-6-264 - Issuance of Writs Until Judgment Satisfied.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-264 - Issuance of Writs Until Judgment Satisfied.
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Section 6-6-264
Issuance of writs until judgment satisfied.
The issuance of any one or more of the writs of process for the enforcement of judgments in detinue shall not bar or prevent issuance of other or appropriate writs to enforce such judgments until there has been a satisfaction of the judgment.
(Code 1907, §3786; Code 1923, §7397; Code 1940, T. 7, §926.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-7/section-6-6-280/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-280 - Election to Proceed by Action of Ejectment or Action in Nature of Ejectment; Proce...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-280 - Election to Proceed by Action of Ejectment or Action in Nature of Ejectment; Proceedings Upon Action in Nature of Ejectment.
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Section 6-6-280
Election to proceed by action of ejectment or action in nature of ejectment; proceedings upon action in nature of ejectment.
(a) A plaintiff commencing an action for the recovery of lands or the possession thereof has an election to proceed by an action of ejectment or by an action in the nature of an action of ejectment as is provided in subsection (b) of this section.
(b) An action for the recovery of land or the possession thereof in the nature of an action in ejectment may be maintained without a statement of any lease or demise to the plaintiff or ouster by a casual or nominal ejector, and the complaint is sufficient if it alleges that the plaintiff was possessed of the premises or has the legal title thereto, properly designating or describing them, and that the defendant entered thereupon and unlawfully withholds and detains the same. This action must be commenced in the name of the real owner of the land or in the name of the person entitled to the possession thereof, though the plaintiff may have obtained his title thereto by a conveyance made by a grantor who was not in possession of the land at the time of the execution of the conveyance thereof. The plaintiff may recover in this action mesne profits and damages for waste or any other injury to the lands, as the plaintiff's interests in the lands entitled him to recover, to be computed up to the time of the verdict.
(Code 1852, §§2209, 2210; Code 1867, §§2610, 2611, 2621; Code 1876, §§2959, 2960, 2970; Code 1886, §§2695, 2696; Code 1896, §§1529, 1530; Code 1907, §§3838, 3839; Code 1923, §§7453, 7454; Code 1940, T. 7, §§937, 938.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-7/section-6-6-281/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-281 - Recovery of Lands by or in Name of State for Schools or Other Educational or Gover...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-281 - Recovery of Lands by or in Name of State for Schools or Other Educational or Governmental Institutions.
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Section 6-6-281
Recovery of lands by or in name of state for schools or other educational or governmental institutions.
All actions for the recovery of land, or the possession thereof, belonging to the state, and sixteenth section lands, school indemnity lands and all other school lands, the lands of the University of Alabama, Auburn University, and of any other public educational or governmental institution of this state shall be commenced by and in the name of the State of Alabama or in the name of the State of Alabama for the use of the schools or other educational or governmental institutions to which, or for the use of which, the lands sued for were donated, granted, purchased, or held.
(Code 1907, §3859; Code 1923, §7475; Code 1940, T. 7, §960.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-7/section-6-6-282/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-282 - Actions by Mortgagee, etc., Against Mortgagors, Etc.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-282 - Actions by Mortgagee, etc., Against Mortgagors, Etc.
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Section 6-6-282
Actions by mortgagee, etc., against mortgagors, etc.
If the action is by a mortgagee or his assignee against the mortgagor, or anyone holding under him, the defendant may plead payment of the mortgage debt or the performance of the condition of the mortgage, or any matter which might be pleaded to a direct civil action for the recovery of the mortgage debt, except the statute of limitations. The jury must pass upon such answers and must ascertain the amount of the mortgage debt if any is found to exist. If the verdict is for the defendant, judgment must be entered for him; but if the verdict ascertains an amount due on the mortgage debt, judgment must be entered for the plaintiff for the possession of the land and the costs, and the amount of the mortgage debt, as ascertained by the jury, must be stated in the judgment. If, within 30 days after the entry of the judgment, the defendant shall pay to the plaintiff, or to the clerk for his use, such debt, interest, and costs, then a writ of possession must not issue, and the clerk shall endorse upon the face of the record of the judgment the fact of such payment.
(Code 1886, §2707; Code 1896, §1547; Code 1907, §3851; Code 1923, §7465; Code 1940, T. 7, §950.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-283 - Demanding Abstract of Title to Be Relied on for Recovery or Defense; Proceedings U...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-283 - Demanding Abstract of Title to Be Relied on for Recovery or Defense; Proceedings Upon Failure to Furnish Same.
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Section 6-6-283
Demanding abstract of title to be relied on for recovery or defense; proceedings upon failure to furnish same.
In all actions or proceedings involving the title or right of possession to land, either party may, by notice in writing to the opposing party or his attorney of record not less than 10 days before the trial, demand an abstract in writing of the title, or titles, on which he will rely for recovery or defense, and such party must be confined to the proof of such title or titles upon the trial. If either party, after such demand and notice, fails to furnish such abstract of title, the party so demanding may move the court to require the party in default to furnish the abstract of title, and the court may enter an order requiring the party so in default to furnish the abstract of title within the time to be fixed by the order of the court. Upon failure to comply with such order, the court must dismiss the action or proceeding if the plaintiff is in default or may enter judgment by default if the defendant is the party in default, or the court may, in its discretion, tax the party so in default with all or any part of the costs of the action or proceeding.
(Code 1867, §2612; Code 1876, §2961; Code 1886, §2697; Code 1896, §1531; Code 1907, §3841; Code 1923, §7455; Code 1940, T. 7, §940.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-7/section-6-6-284/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-284 - Disclaimer of Possession by Defendant.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-284 - Disclaimer of Possession by Defendant.
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Section 6-6-284
Disclaimer of possession by defendant.
Along with any other defenses he may have in an action of ejectment or in an action in the nature of ejectment, the defendant may disclaim possession of the premises sued for in whole or in part. If the defendant pleads the defense of disclaimer only and no other, the plaintiff may take judgment or may take issue; and, if the issue is found for him, he is entitled to judgment as if the defendant had, in an action of ejectment, entered into the consent rule, confessing possession as well as lease, entry, and ouster or, in an action in the nature of an action of ejectment, had admitted possession.
(Code 1852, §2213; Code 1867, §2614; Code 1876, §2963; Code 1886, §2699; Code 1896, §1533; Code 1907, §3843; Code 1923, §7457; Code 1940, T. 7, §942.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-285 - Proceedings Upon Defendant's Suggestion of Disputed Boundary Line.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-285 - Proceedings Upon Defendant's Suggestion of Disputed Boundary Line.
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Section 6-6-285
Proceedings upon defendant's suggestion of disputed boundary line.
The defendant, within pleading time or within 30 days before the case is called for trial and after notice to the plaintiff or his attorney of record of his purpose so to do, may file his suggestion in writing that the action arises over a disputed boundary line, in which suggestion he shall describe the location of the true line, and the court or jury trying the issue shall ascertain the true location of the boundary line, and judgment shall be entered accordingly, and shall order the sheriff to establish and mark the true line as ascertained; and, in such case, the costs shall be apportioned justly and equitably. A single judgment on such issue of the location of the true boundary line shall bar another action for the location of the same boundary line.
(Code 1852, §2213; Code 1867, §2614; Code 1876, §2963; Code 1886, §2699; Code 1896, §1533; Code 1907, §3843; Code 1923, §7457; Code 1940, T. 7, §942.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-7/section-6-6-286/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-286 - Proceedings Upon Defendant's Suggestion of Adverse Possession.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-286 - Proceedings Upon Defendant's Suggestion of Adverse Possession.
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Section 6-6-286
Proceedings upon defendant's suggestion of adverse possession.
(a) When an action is commenced to recover land or the possession thereof, the defendant may, at any time before the trial, suggest upon the record that he, and those whose possession he has, have, for three years next before the commencement of the action, had adverse possession thereof, which must be construed to mean the same character of possession as will put in operation the statute of limitations. In such case, if the jury finds for the plaintiff, it must also ascertain by its verdict whether such suggestion is true or false. If the jury finds it to be false, it must return a verdict for the damages as in ordinary cases. If the jury finds it to be true, it must assess the value, at the time of trial, of the permanent improvements made by the defendant, or those whose estate he has, and also ascertain by its verdict the value of the lands and of the use and occupation thereof, not including the increased value by reason of such improvements.
(b) If the value of the use and occupation as assessed exceeds the value of the permanent improvements made, judgment must be entered against the defendant for the excess. If the value of the improvements exceeds the value of the use and occupation, no writ of possession shall issue for one year after the entry of the judgment unless the plaintiff or his legal representative pays the defendant, or deposits with the clerk for him, the excess of the assessed value of the improvements over the value of the use and occupation. If the plaintiff or his legal representative neglects for the term of one year to pay such excess, and the defendant or his legal representative within three months after the expiration of the year pays to the plaintiff, or to the clerk for him, the value of the land and of the use and occupation thereof as assessed by the jury, the plaintiff is forever barred from his writ of possession and from commencing any action whatever against the defendant, his heirs or assigns to recover such land or the possession thereof.
(Code 1852, §§2201-2204; Code 1867, §§2602-2605; Code 1876, §§2951-2954; Code 1886, §§2702-2705; Code 1896, §§1536-1539; Code 1907, §§3846-3849; Code 1923, §§7460-7463; Code 1940, T. 7, §§945-948.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-287 - Joinder of Landlord as Party Defendant; Continuation of Action Against Tenant.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-287 - Joinder of Landlord as Party Defendant; Continuation of Action Against Tenant.
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Section 6-6-287
Joinder of landlord as party defendant; continuation of action against tenant.
(a) When the land, the subject matter of the action, is in the possession of a tenant, the landlord may be joined with the tenant as a party defendant.
(b) When the action is against a tenant, the landlord must be made a party to the action on motion of the tenant, or upon the landlord's motion to intervene supported by his pleading showing, as a part thereof, that the defendant is his tenant by demise in writing or is in the occupancy of the land sued for with his consent, or of some portion thereof, which should be specified. When it appears to the satisfaction of the court that the landlord is a nonresident, the action shall proceed without delay against the tenant.
(Code 1852, §2205; Code 1867, §2606; Code 1876, §2955; Code 1886, §2700; Code 1896, §1534; Code 1907, §§3840, 3844; Code 1923, §§7454, 7458; Code 1940, T. 7, §§939, 943.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-7/section-6-6-288/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-288 - Liability - Tenant in Possession.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-288 - Liability - Tenant in Possession.
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Section 6-6-288
Liability - Tenant in possession.
A tenant in possession, asserting his right thereto under a lease or license from another, is not liable beyond the rent in arrears at the commencement of the action and that which may accrue during the continuance of his possession.
(Code 1852, §2215; Code 1867, §2616; Code 1876, §2965; Code 1886, §2701; Code 1896, §1535; Code 1907, §3845; Code 1923, §7459; Code 1940, T. 7, §944.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-7/section-6-6-289/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-289 - Liability - Person Holding Possession Under Color of Title.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-289 - Liability - Person Holding Possession Under Color of Title.
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Section 6-6-289
Liability - Person holding possession under color of title.
Persons holding possession under color of title, in good faith, are not responsible for damages or rent for more than one year before the commencement of the action.
(Code 1852, §2216; Code 1867, §2617; Code 1876, §2966; Code 1886, §2706; Code 1896, §1540; Code 1907, §3850; Code 1923, §7464; Code 1940, T. 7, §949.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-290 - Effect of Judgment by Default.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-290 - Effect of Judgment by Default.
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Section 6-6-290
Effect of judgment by default.
A judgment by default against a defendant is an admission of title in the plaintiff, but to recover costs against the defendant, the plaintiff must prove defendant's possession of the premises, or some part thereof, at the commencement of the action.
(Code 1852, §2218; Code 1867, §2619; Code 1876, §2968; Code 1886, §2708; Code 1896, §1548; Code 1907, §3852; Code 1923, §7466; Code 1940, T. 7, §951.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-7/section-6-6-291/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-291 - What Verdict for Plaintiff to Specify.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-291 - What Verdict for Plaintiff to Specify.
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Section 6-6-291
What verdict for plaintiff to specify.
If the verdict is for the plaintiff, it must specify whether it is for the whole or a part only of the premises and, if for a part, must describe such part, and judgment must be entered accordingly.
(Code 1852, §2217; Code 1867, §2618; Code 1876, §2967; Code 1886, §2709; Code 1896, §1549; Code 1907, §3853; Code 1923, §7467; Code 1940, T. 7, §952.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-292 - Judgment - Damages Only.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-292 - Judgment - Damages Only.
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Section 6-6-292
Judgment - Damages only.
If the interest or title of the plaintiff expired before the time in which he could be put in possession, he may obtain a judgment for damages only.
(Code 1923, §7469; Code 1940, T. 7, §954.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-293 - Judgment - Rent of Premises After Judgment and Before Possession.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-293 - Judgment - Rent of Premises After Judgment and Before Possession.
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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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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-294 - Retention of Possession for One Year by Defendant if Crop Planted or Growing Upon...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-294 - Retention of Possession for One Year by Defendant if Crop Planted or Growing Upon Filing Bond; Force and Effect of Bond.
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Section 6-6-294
Retention of possession for one year by defendant if crop planted or growing upon filing bond; force and effect of bond.
(a) If the defendant has a crop planted or growing on the premises and the court or jury finds for the plaintiff, they must also ascertain the rental value of the premises during the current year, and no writ of possession can be issued until the expiration of the year if the defendant executes a bond in double the amount of such rent payable to the plaintiff, with surety approved by the clerk, conditioned to pay the rent so assessed at the expiration of the year.
(b) The bond must be filed in the office of the clerk and, if the rent is not paid at the expiration of the year, has the force and effect of a judgment; and thereon, execution for the amount of the rent must issue against all the obligors or such of them as may be living.
(Code 1852, §§2199, 2200; Code 1867, §§2600, 2601; Code 1876, §§2949, 2950; Code 1886, §§2712, 2713; Code 1896, §§1552, 1553; Code 1907, §§3856, 3857; Code 1923, §§7472, 7473; Code 1940, T. 7, §§957, 958.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-295 - Damages - When Assessed in Severalty.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-295 - Damages - When Assessed in Severalty.
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Section 6-6-295
Damages - When assessed in severalty.
When there are more defendants than one, the jury may assess the damages arising from the detention of the land and the injury and waste thereto, in severalty against each defendant for distinct damages.
(Code 1852, §2214; Code 1867, §2615; Code 1876, §2964; Code 1886, §2710; Code 1896, §1550; Code 1907, §3854; Code 1923, §7468; Code 1940, T. 7, §953.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-296 - Damages - Exemplary or Punitive.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-296 - Damages - Exemplary or Punitive.
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Section 6-6-296
Damages - Exemplary or punitive.
In case of wanton aggression or wanton entry on the part of the defendant, the jury may award exemplary or punitive damages.
(Code 1923, §7470; Code 1940, T. 7, §955.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-297 - Issuance of Writs Before Judgment Satisfied.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-297 - Issuance of Writs Before Judgment Satisfied.
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Section 6-6-297
Issuance of writs before judgment satisfied.
The issuance of any one or more of the writs of process for the enforcement of judgments in ejectment shall not bar or prevent issuance of other or appropriate writs to enforce such judgments until there has been a satisfaction of the judgment.
(Code 1940, T. 7, §961.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 7 - Ejectment.›Section 6-6-298 - Two Judgments in Defendant's Favor Bar Further Action.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-298 - Two Judgments in Defendant's Favor Bar Further Action.
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Section 6-6-298
Two judgments in defendant's favor bar further action.
Two judgments in favor of the defendant in an action of ejectment or in an action in the nature of an action of ejectment between the same parties in which the same title is put in issue are a bar to any action for the recovery of the land, or any part thereof, between the same parties or their privies founded on the same title.
(Code 1852, §2219; Code 1867, §2620; Code 1876, §2969; Code 1886, §2714; Code 1896, §1554; Code 1907, §3858; Code 1923, §7474; Code 1940, T. 7, §959.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 1 - General Provisions.›Section 6-6-310 - Definitions.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-310 - Definitions.
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Section 6-6-310
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) FORCIBLE ENTRY AND DETAINER. Where one by force or strong hand, or by exciting fear or terror, enters upon and detains lands or tenements in the possession of another, as by breaking open doors, windows or any other part of a house, whether any person is within or not, by threats of violence to the party in possession, or by words or actions that have a tendency to excite fear or apprehension of danger, by putting out of doors or removing the goods or chattels of the party in possession, or by entering peaceably and then by unlawful refusal, or by force or threats, turning, or keeping the party out of possession.
(2) UNLAWFUL DETAINER. Where one who has lawfully entered into possession of lands as tenant fails or refuses, after the termination of the possessory interest of the tenant, to deliver possession of the premises to anyone lawfully entitled or his or her agent or attorney.
(Code 1852, §§2851, 2852; Code 1867, §§3299, 3300; Code 1876, §§3696, 3697; Code 1886, §§3380, 3381; Code 1896, §§2126, 2127; Code 1907, §§4262, 4263; Code 1923, §§8000, 8001; Code 1940, T. 7, §§966, 967; Acts 1996, No. 96-573, p. 880, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 1 - General Provisions.›Section 6-6-311 - To What Estates Applicable.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-311 - To What Estates Applicable.
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Section 6-6-311
To what estates applicable.
Forcible entry and detainer and unlawful detainer extend to, and comprehend, terms for years and all estates, whether freehold or less than freehold.
(Code 1852, §2853; Code 1867, §3301; Code 1876, §3698; Code 1886, §3382; Code 1896, §2128; Code 1907, §4264; Code 1923, §8002; Code 1940, T. 7, §968.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 1 - General Provisions.›Section 6-6-312 - Commencement of Action Where Property Held Jointly.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-312 - Commencement of Action Where Property Held Jointly.
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Section 6-6-312
Commencement of action where property held jointly.
Where title or possession of the premises is held by several persons jointly, as by tenants in common, coparceners, partners, or other joint occupancy or title, they are seized for themselves and for each other; all are equally entitled to possession; and, conversely, the possession of any one is the possession of all; and any joint tenant may commence an action of forcible entry and detainer against a stranger and recover the entire possession, which inures to the benefit of all.
(Code 1923, §8027; Code 1940, T. 7, §990.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 1 - General Provisions.›Section 6-6-313 - Effect of Temporary Absence.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-313 - Effect of Temporary Absence.
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Section 6-6-313
Effect of temporary absence.
A temporary absence from the premises does not constitute a loss of the actual possession nor prevent the commencement of forcible entry and detainer against one who forcibly enters or detains the premises, and one who enters during such temporary absence does not acquire the legal possession such as permits him to commence the action if the rightful possessor rejects him immediately on discovery of his presence on the premises.
(Code 1923, §8028; Code 1940, T. 7, §991.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 1 - General Provisions.›Section 6-6-314 - Liability of Lessee Holding Over; How Such Recovered.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-314 - Liability of Lessee Holding Over; How Such Recovered.
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Section 6-6-314
Liability of lessee holding over; how such recovered.
Any person who, having entered into the possession of lands and tenements under a contract of lease, forcibly or unlawfully retains the possession thereof after the expiration of his term or refuses to surrender the same on the written demand of the lessor, his agent, or attorney or legal representative, is liable for double the amount of the annual rent agreed to be paid under such contract and for such other special damages as may be thereby sustained by the party thus unlawfully kept out of possession, to be recovered as now provided by law in actions of unlawful detainer or by a civil action for damages.
(Code 1867, §3312; Code 1876, §3709; Code 1886, §3391; Code 1896, §2137; Code 1907, §4273; Code 1923, §8014; Code 1940, T. 7, §977.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 1 - General Provisions.›Section 6-6-315 - Uninterrupted Occupation for Three Years Bars Action.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-315 - Uninterrupted Occupation for Three Years Bars Action.
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Section 6-6-315
Uninterrupted occupation for three years bars action.
The uninterrupted occupation of the premises in controversy by the defendant for the space of three entire years preceding the filing of the complaint is, if the estate of the defendant is not determined, a bar to any proceeding under this article.
(Code 1852, §2860; Code 1867, §3308; Code 1876, §3705; Code 1886, §3390; Code 1896, §2136; Code 1907, §4272; Code 1923, §8013; Code 1940, T. 7, §976.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 1 - General Provisions.›Section 6-6-316 - Action of Trespass, etc., Not Precluded.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-316 - Action of Trespass, etc., Not Precluded.
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Section 6-6-316
Action of trespass, etc., not precluded.
No proceedings had under this article or judgment entered bars or prevents the party injured from prosecuting an action of trespass or other action against the aggressor or party offending.
(Code 1852, §2863; Code 1867, §3311; Code 1876, §3708; Code 1886, §3392; Code 1896, §2138; Code 1907, §4274; Code 1923, §8015; Code 1940, T. 7, §978.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 1 - General Provisions.›Section 6-6-317 - Notice or Demand.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-317 - Notice or Demand.
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Section 6-6-317
Notice or demand.
Forcible entry being in its nature adverse and unlawful, no demand need be made or notice given except such as is required in the Code to support an action or proceeding based on an entry with actual force.
(Code 1923, §8029; Code 1940, T. 7, §992.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 1 - General Provisions.›Section 6-6-318 - Courts Deemed Always Open.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-318 - Courts Deemed Always Open.
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Section 6-6-318
Courts deemed always open.
Courts having jurisdiction under this article must be held open at all times for the consideration and determination of questions arising under this article, and judgments had thereon without delay.
(Code 1867, §3298; Code 1876, §3695; Code 1886, §3379; Code 1896, §2125; Code 1907, §4261; Code 1923, §7999; Code 1940, T. 7, §965.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-8/division-1/section-6-6-319/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 1 - General Provisions.›Section 6-6-319 - Forms for Judgment, Restitution or Possession.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-319 - Forms for Judgment, Restitution or Possession.
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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 unlawful detainer) before me on the _____ day of _____, at _____ (here describe the land and tenements). You are further directed, of the goods and chattels, lands and tenements, of the said C. D., you cause to be made the sum of _____, which the said A. B. has recovered for his costs in that behalf expended.
Witness my hand, this the _______ day of ________
E. F., District Court Judge
(Code 1907, §4286; Code 1923, §8031; Code 1940, T. 7, §994.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 2 - Proceedings.›Section 6-6-330 - Jurisdiction.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 2 - Proceedings. › Section 6-6-330 - Jurisdiction.
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Section 6-6-330
Jurisdiction.
The forcible entry upon and detainer, or the unlawful detainer, of lands, tenements and hereditaments is cognizable before the district court of the county in which the offense is committed.
(Code 1852, §2850; Code 1867, §3297; Code 1876, §3694; Code 1886, §3378; Code 1896, §2124; Code 1907, §4260; Code 1923, §7998; Code 1940, T. 7, §964.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 2 - Proceedings.›Section 6-6-331 - Venue.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 2 - Proceedings. › Section 6-6-331 - Venue.
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Section 6-6-331
Venue.
The complaints provided for in this article must be filed with, and be tried by, the district court for the county in which the lands or tenements are situated.
(Code 1852, §2868; Code 1867, §3317; Code 1876, §3714; Code 1886, §3385; Code 1896, §2131; Code 1907, §4267; Code 1923, §8008; Code 1940, T. 7, §971.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-8/division-2/section-6-6-332/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 2 - Proceedings.›Section 6-6-332 - Process - Form of Notice; Service and Return Thereof.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 2 - Proceedings. › Section 6-6-332 - Process - Form of Notice; Service and Return Thereof.
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Section 6-6-332
Process - Form of notice; service and return thereof.
(a) Upon complaint being made, the district judge shall issue a notice to the party against whom the complaint is made to the following effect:
The State of Alabama,
________ County.
To ________
You are hereby commanded to be and appear before me, at _____ on the _____ day of _____, 2__, to answer to, and make defense against a complaint exhibited to me against you by _____, for a forcible entry and detainer (or for unlawful detainer, as the case may be).
Witness my hand this _____ day of ______, 2__.
_______________________________ District Court Judge
(b) The notice shall be served on the defendant at least six days before the return day of the process and may be served on the defendant anywhere within the state. The return of the service thereof by any sheriff or constable of the state is sufficient, or proof of the fact may be made before the judge. A copy of the notice shall be personally served upon the defendant. If the sheriff or constable 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 found residing on the premises, by posting a copy of the notice on the door of the premises, and on the same day of posting or by the close of the next business day, the sheriff, the constable, the person filing the complaint, or anyone on behalf of the person, shall mail notice of the filing of the unlawful detainer action by enclosing, directing, stamping, and mailing by first class a copy of the notice to the defendant at the mailing address of the premises and if there is no mailing address for the premises to the last known address, if any, of the defendant and making an entry of this action on the affidavit filed in the case. Service of the notice by posting shall be complete as of the date of mailing the notice.
(c) Upon complaint being made and upon request of the plaintiff to have the notice served on the defendant by a process server other than a sheriff or constable, the court shall, if the process server is qualified under Rule 4.1 (b)(2) of the Alabama Rules of Civil Procedure, order the clerk to deliver the notice to the process server for service.
(Code 1852, §§2854, 2855; Code 1867, §§3302, 3303; Code 1876, §§3699, 3700; Code 1886, §§3383, 3384; Code 1896, §§2129, 2130; Code 1907, §§4265, 4266; Code 1923, §§8006, 8007; Code 1940, T. 7, §§969, 970; Acts 1990, No. 90-218, p. 255, §1; Acts 1996, No. 96-573, p. 880, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 2 - Proceedings.›Section 6-6-333 - Process - Neglect or Refusal to Execute by Sheriff or Constable.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 2 - Proceedings. › Section 6-6-333 - Process - Neglect or Refusal to Execute by Sheriff or Constable.
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Section 6-6-333
Process - Neglect or refusal to execute by sheriff or constable.
Any sheriff or constable neglecting or refusing to execute any process placed in his hands by a district court judge by virtue of the authority conferred by this article, forfeits to the party aggrieved $200, to be recovered by action in the circuit court.
(Code 1852, §2862; Code 1867, §3310; Code 1876, §3707; Code 1886, §3394; Code 1896, §2140; Code 1907, §4276; Code 1923, §8017; Code 1940, T. 7, §980.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 2 - Proceedings.›Section 6-6-334 - Failure of Witnesses to Attend or Refusal to Testify.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 2 - Proceedings. › Section 6-6-334 - Failure of Witnesses to Attend or Refusal to Testify.
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Section 6-6-334
Failure of witnesses to attend or refusal to testify.
(a) Any witness, duly subpoenaed and failing to attend or refusing to testify may be fined by the district court judge not exceeding $100, for the use of the county, for which he may issue execution directed to the constable.
(b) The judgment specified in subsection (a) of this section must not be made absolute until 10 days after service of a written notice on such witness, informing him of the entry of such judgment.
(Code 1852, §§2869, 2870; Code 1867, §§3318, 3319; Code 1876, §§3715, 3716; Code 1886, §§3394, 3395; Code 1896, §§2141, 2142; Code 1907, §§4277, 4278; Code 1923, §§8018, 8019; Code 1940, T. 7, §§981, 982.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-8/division-2/section-6-6-335/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 2 - Proceedings.›Section 6-6-335 - Proceedings When Parties Appear or Defendant Fails to Do So.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 2 - Proceedings. › Section 6-6-335 - Proceedings When Parties Appear or Defendant Fails to Do So.
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Section 6-6-335
Proceedings when parties appear or defendant fails to do so.
If the parties appear, an issue must be made between them upon the complaint, but if the defendant, having been duly cited, does not appear or, appearing, declines to plead, the case proceeds as if the defendant had denied the allegations of the complaint; or, for good cause, the trial may be postponed not more than 15 days, at the cost of the applicant.
(Code 1852, §2856; Code 1867, §3304; Code 1876, §3701; Code 1886, §3386; Code 1896, §2132; Code 1907, §4268; Code 1923, §8009; Code 1940, T. 7, §972.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 2 - Proceedings.›Section 6-6-336 - Extent of Inquiry.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 2 - Proceedings. › Section 6-6-336 - Extent of Inquiry.
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Section 6-6-336
Extent of inquiry.
The estate or merits of the title cannot be inquired into on the trial of any complaint filed under this article, but all legal and equitable defenses may be had against a recovery for damages or for the unlawful detention of the land.
(Code 1852, §2859; Code 1867, §3307; Code 1876, §3704; Code 1886, §3389; Code 1896, §2135; Code 1907, §4271; Code 1923, §8012; Code 1940, T. 7, §975.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-8/division-2/section-6-6-337/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 2 - Proceedings.›Section 6-6-337 - Proceedings Upon Determination for Either Plaintiff or Defendant.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 2 - Proceedings. › Section 6-6-337 - Proceedings Upon Determination for Either Plaintiff or Defendant.
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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 determines in favor of the defendant, judgment must be entered in his favor for the costs, upon which an execution may issue as in other cases.
(Code 1852, §§2857, 2858; Code 1867, §§3305, 3306; Code 1876, §§3702, 3703; Code 1886, §§3387, 3388; Code 1896, §§2133, 2134; Code 1907, §§4269, 4270; Code 1923, §§8010, 8011; Code 1940, T. 7, §§973, 974.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 3 - Appeals.›Section 6-6-350 - To Circuit Court From District Court.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 3 - Appeals. › Section 6-6-350 - To Circuit Court From District Court.
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Section 6-6-350
To circuit court from district court.
Any party may appeal from a judgment entered against him or her by a district court to the circuit court at any time within seven days after the entry thereof, and appeal and the proceedings thereon shall in all respects, except as provided in this article, be governed by this code relating to appeal from district courts. However, the clerk of the court shall schedule the action for trial as a preferred case, and it shall be set for trial within 60 days from the date of appeal.
(Code 1852, §§2811, 2864; Code 1867, §§3257, 3313; Code 1876, §§3654, 3710; Code 1886, §3398; Code 1896, §2144; Code 1907, §4280; Code 1923, §8021; Code 1940, T. 7, §984; Acts 1996, No. 96-573, p. 880, §1; Act 2006-316, p. 668, §2.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-8/division-3/section-6-6-351/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 3 - Appeals.›Section 6-6-351 - Writs of Restitution or Possession - Suspension Upon Payment of Rent by Defendant.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 3 - Appeals. › Section 6-6-351 - Writs of Restitution or Possession - Suspension Upon Payment of Rent by Defendant.
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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 the disposition of the funds paid to the clerk pursuant to subsection (a).
(Code 1852, §2865; Code 1867, §3314; Code 1876, §3711; Code 1886, §3401; Code 1896, §2145; Code 1907, §4281; Code 1923, §8022; Code 1940, T. 7, §985; Acts 1996, No. 96-573, p. 880, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-8/division-3/section-6-6-352/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 3 - Appeals.›Section 6-6-352 - Writs of Restitution or Possession - Issuance by Circuit Court.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 3 - Appeals. › Section 6-6-352 - Writs of Restitution or Possession - Issuance by Circuit Court.
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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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https://law.justia.com/codes/alabama/title-6/chapter-6/article-8/division-3/section-6-6-353/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 8 - Forcible Entry and Unlawful Detainer.›Division 3 - Appeals.›Section 6-6-353 - Proceedings When Determination Is Against Appellant.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 3 - Appeals. › Section 6-6-353 - Proceedings When Determination Is Against Appellant.
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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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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 1 - General Provisions.›Section 6-6-370 - "Garnishment" Defined.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 1 - General Provisions. › Section 6-6-370 - "Garnishment" Defined.
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Section 6-6-370
"Garnishment" defined.
A "garnishment," as employed in this article, is process to reach and subject money or effects of a defendant in attachment, in a judgment or in a pending action commenced in the ordinary form in the possession or under the control of a third person, or debts owing such defendant or liabilities to him on contracts for the delivery of personal property, on contracts for the payment of money which may be discharged by the delivery of personal property or on contracts payable in personal property; and such third person is called the garnishee.
(Code 1886, §2994; Code 1896, §2171; Code 1907, §4300; Code 1923, §8051; Code 1940, T. 7, §995.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 1 - General Provisions.›Section 6-6-371 - Applicability of Section 6-6-143.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 1 - General Provisions. › Section 6-6-371 - Applicability of Section 6-6-143.
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Section 6-6-371
Applicability of Section 6-6-143.
The provisions of Section 6-6-143 are applicable to garnishments.
(Code 1896, §2186; Code 1907, §4315; Code 1923, §8066; Code 1940, T. 7, §1010.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 2 - Institution of Proceedings.›Section 6-6-390 - When Process of Garnishment Obtainable.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 2 - Institution of Proceedings. › Section 6-6-390 - When Process of Garnishment Obtainable.
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Section 6-6-390
When process of garnishment obtainable.
The plaintiff in any pending action for the recovery of money or the plaintiff or assignee in any judgment on which execution can issue may obtain process of garnishment as defined in Section 6-6-370; provided, that no garnishment shall issue prior to a final judgment, pursuant to this section and Sections 6-6-291 through 6-6-294, unless there is a showing that such garnishment is necessary because of extraordinary circumstances.
(Code 1852, §2471; Code 1867, §2892; Code 1876, §§3218, 3219; Code 1886, §§2968, 2971; Code 1896, §2172; Code 1907, §4301; Code 1923, §8052; Code 1940, T. 7, §996; Acts 1951, No. 916, p. 1568.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 2 - Institution of Proceedings.›Section 6-6-391 - Affidavit of Amount Due Plaintiff.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 2 - Institution of Proceedings. › Section 6-6-391 - Affidavit of Amount Due Plaintiff.
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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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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 2 - Institution of Proceedings.›Section 6-6-392 - Bond Required When Garnishment in Aid of Pending Action; Exception as to Superinte...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 2 - Institution of Proceedings. › Section 6-6-392 - Bond Required When Garnishment in Aid of Pending Action; Exception as to Superintendent of Banks.
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Section 6-6-392
Bond required when garnishment in aid of pending action; exception as to Superintendent of Banks.
When the garnishment is in aid of a pending action, the plaintiff, his agent or attorney must also give bond in double the amount claimed in the action, with sufficient surety, to be approved by the officer issuing the writ, with condition that the plaintiff will prosecute the garnishment to effect and pay the defendant all such damages as he may sustain from the wrongful or vexatious suing out of such garnishment; and such bond, as to actions thereon, is subject to the provisions of this code relating to actions on attachment bonds; provided, however, that the Superintendent of Banks of the State of Alabama shall not be required to give bond when garnishment is issued in aid of a pending action, which action is based on a promissory note owned by a bank in the process of liquidation. Such Superintendent of Banks or the liquidating agent of such bank in liquidation shall, however, be liable on his official bonds for damages sustained from the wrongful or vexatious suing out of a writ of garnishment. The Superintendent of Banks shall, however, be required to obtain an order from the circuit court of the county in which such bank in liquidation is located, exempting the Superintendent of Banks from giving such bonds. The order need not specify the particular case or cases, but may be general and exempt the Superintendent of Banks from giving bond in all cases to be brought by him on promissory notes owned by the bank in liquidation wherein garnishments are to issue in aid of the pending actions.
(Code 1852, §2471; Code 1867, §2892; Code 1876, §3219; Code 1886, §2868; Code 1896, §2174; Code 1907, §4303; Code 1923, §8054; Acts 1931, No. 556, p. 652; Code 1940, T. 7, §998.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 2 - Institution of Proceedings.›Section 6-6-393 - Issuance and Service of Process.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 2 - Institution of Proceedings. › Section 6-6-393 - Issuance and Service of Process.
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Section 6-6-393
Issuance and service of process.
Upon the filing of the affidavit or the affidavit and bond, as the case may be, the officer filing the same must issue process of garnishment and a copy thereof for each garnishee, to be served by the proper officer, requiring the garnishee to appear within 30 days and file an answer, upon oath, whether, at the time of the service of the garnishment, at the time of making his answer or at any time intervening between the time of serving the garnishment and making the answer he was indebted to the defendant and whether he will not be indebted in future to him by a contract then existing, whether by a contract then existing he is liable to him for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property or which is payable in personal property and whether he has not in his possession or under his control money or effects belonging to the defendant.
(Code 1852, §2517; Code 1867, §2944; Code 1876, §3269; Code 1886, §2945; Code 1896, §2175; Code 1907, §4304; Code 1923, §8055; Code 1940, T. 7, §999.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-2/section-6-6-394/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 2 - Institution of Proceedings.›Section 6-6-394 - Notice to Defendant.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 2 - Institution of Proceedings. › Section 6-6-394 - Notice to Defendant.
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Section 6-6-394
Notice to defendant.
When the defendant resides within the state and the garnishment is issued on a judgment or in a pending action in which an appearance has not been entered for the defendant, the officer issuing the garnishment must issue notice thereof to the defendant, which notice must be served on him at least five days before judgment against the garnishee.
(Code 1896, §2176; Code 1907, §4305; Code 1923, §8056; Code 1940, T. 7, §1000.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-2/section-6-6-395/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 2 - Institution of Proceedings.›Section 6-6-395 - Revival of Proceedings When Garnishee or Contestant Dies.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 2 - Institution of Proceedings. › Section 6-6-395 - Revival of Proceedings When Garnishee or Contestant Dies.
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Section 6-6-395
Revival of proceedings when garnishee or contestant dies.
If the garnishee dies after he has been summoned as garnishee and pending the litigation, the proceedings may be revived against his legal representatives. Such proceedings may also be revived against the legal representatives of a contestant who dies, after notice to appear and contest with the plaintiff.
(Code 1852, §2557; Code 1867, §2985; Code 1876, §3310; Code 1886, §2992; Code 1896, §2207; Code 1907, §4336; Code 1923, §8087; Code 1940, T. 7, §1031.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 3 - What May Be Garnished.›Section 6-6-410 - Debt or Demand on Which Action Pending.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 3 - What May Be Garnished. › Section 6-6-410 - Debt or Demand on Which Action Pending.
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Section 6-6-410
Debt or demand on which action pending.
A debt or demand which is subject to garnishment may be reached and subjected though an action may be pending thereon; and if the action is not pending in the court from which the garnishment issues, the court, on proof by the garnishee of the pendency of the garnishment, must, on the entry of judgment, stay execution until notified by the clerk of the court in which the garnishment or attachment is instituted that final judgment has been entered, in which case he must make the appropriate order according to whether the judgment is entered for the plaintiff or defendant.
(Code 1852, §2524; Code 1867, §2951; Code 1876, §3276; Code 1886, §2952; Code 1896, §2177; Code 1907, §4306; Code 1923, §8057; Code 1940, T. 7, §1001.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 3 - What May Be Garnished.›Section 6-6-411 - Executors and Administrators.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 3 - What May Be Garnished. › Section 6-6-411 - Executors and Administrators.
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Section 6-6-411
Executors and administrators.
(a) Executors and administrators may be garnished for debts due by the testator or intestate to the defendant and may have process of garnishment in their representative character.
(b) Executors and administrators may be garnished for debts due by the legatees or distributees, but no judgment can be entered against them until a settlement of the estate, unless they assent to the legacy or admit assets to pay the amount claimed or some portion thereof out of the distributive share of the debtor.
(Code 1852, §§2519, 2520; Code 1867, §§2946, 2947; Code 1876, §§3272, 3273; Code 1886, §§2948, 2949; Code 1896, §§2178, 2179; Code 1907, §§4307, 4308; Code 1923, §§8058, 8059; Code 1940, T. 7, §§1002, 1003.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 3 - What May Be Garnished.›Section 6-6-412 - Money in Hands of Attorney, Sheriff, or Other Officer.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 3 - What May Be Garnished. › Section 6-6-412 - Money in Hands of Attorney, Sheriff, or Other Officer.
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Section 6-6-412
Money in hands of attorney, sheriff, or other officer.
Money in hands of an attorney-at-law, sheriff, or other officer may be garnished; and, in the case of officers of the court, the money must be paid into the court to abide the result of the action, unless the court otherwise directs.
(Code 1852, §2521; Code 1867, §2948; Code 1876, §3273; Code 1886, §2950; Code 1896, §2180; Code 1907, §4309; Code 1923, §8060; Code 1940, T. 7, §1004.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-3/section-6-6-413/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 3 - What May Be Garnished.›Section 6-6-413 - Money or Effects in Hands of Trustee; Exception.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 3 - What May Be Garnished. › Section 6-6-413 - Money or Effects in Hands of Trustee; Exception.
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Section 6-6-413
Money or effects in hands of trustee; exception.
(a) Money or effects of the defendant in the hands of a trustee may be garnished and held subject to the validity of the instrument creating the trust or the excess remaining in the trustee's hands after the execution of the trust, if valid; but if the deed is held void, the trustee, if not guilty of actual fraud, may retain for a debt due himself and must be protected so far as he has acted in good faith under the trust before the service of the garnishment.
(b) Personal property in the custody of a trustee in bankruptcy, exempt to the bankrupt, cannot be garnished.
(Code 1852, §2523; Code 1867, §2950; Code 1876, §3275; Code 1886, §2951; Code 1896, §2181; Code 1907, §4310; Code 1923, §8061; Code 1940, T. 7, §1005.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 3 - What May Be Garnished.›Section 6-6-414 - Unpaid Subscription of Stock.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 3 - What May Be Garnished. › Section 6-6-414 - Unpaid Subscription of Stock.
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Section 6-6-414
Unpaid subscription of stock.
Any creditor of a corporation may, by garnishment, subject the unpaid subscription of any stockholder in such corporation to the payment of its debts, without regard to whether the corporation can commence an action against the stockholder for such subscription or not.
(Code 1852, §2472; Code 1867, §2893; Code 1876, §3220; Code 1886, §2972; Code 1896, §2182; Code 1907, §4311; Code 1923, §8062; Code 1940, T. 7, §1006.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-4/section-6-6-430/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 4 - Bond by Defendant.›Section 6-6-430 - Filing of Bond; Discharge of Money or Property From Garnishment; Proceedings as if...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 4 - Bond by Defendant. › Section 6-6-430 - Filing of Bond; Discharge of Money or Property From Garnishment; Proceedings as if Bond Not Executed; Judgment; Discharge of Garnishee.
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Section 6-6-430
Filing of bond; discharge of money or property from garnishment; proceedings as if bond not executed; judgment; discharge of garnishee.
(a) When garnishment has been issued in aid of a pending action or upon a judgment, the defendant may make and file with the judge or clerk issuing the garnishment bond in such sum as the judge or clerk may prescribe, not exceeding twice the amount of the plaintiff's demand, payable to the plaintiff, with sufficient surety, to be approved by such judge or clerk, conditioned to pay the amount for which the garnishee may be found indebted or liable to the defendant and the cost of the garnishment. Thereupon, the money or property in the hands of the garnishee is discharged from the garnishment and the garnishee relieved of all liability therefor to the plaintiff; but the garnishee must answer, and, except as is otherwise provided in this article, the case must proceed and be determined as if such bond had not been executed.
(b) If the garnishee is found to be indebted or liable to the defendant in money or property, the amount or value thereof must be ascertained and judgment entered for such amount or value against the defendant and the sureties on such bond and for the costs of the garnishment; but such judgment, exclusive of the costs of the garnishment, must not exceed the amount of the judgment, interest and costs in the original action or the amount of the bond. If the garnishee shall fail to answer, a conditional judgment may be entered against him and proceedings had thereon as in other cases; and, if the conditional judgment is made absolute, judgment for the like amount must be entered against the defendant and the sureties on his bond and for the costs of the garnishment, subject to the limitations expressed in this section; and execution thereon may issue against the defendant and his sureties on such bond, but not against the garnishee. No judgment must be entered against the bond until judgment has been entered in the original action in favor of the plaintiff against the defendant.
(c) The garnishee is not discharged from liability to the defendant until he has paid the debt or satisfied the demand the garnishment was intended to reach.
(Code 1896, §2183; Code 1907, §4312; Code 1923, §8063; Code 1940, T. 7, §1007.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-4/section-6-6-431/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 4 - Bond by Defendant.›Section 6-6-431 - Bond in Double Amount; Dissolution of Garnishment and Discharge of All Garnishees;...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 4 - Bond by Defendant. › Section 6-6-431 - Bond in Double Amount; Dissolution of Garnishment and Discharge of All Garnishees; Judgment Against Obligors.
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Section 6-6-431
Bond in double amount; dissolution of garnishment and discharge of all garnishees; judgment against obligors.
(a) The defendant may, instead of the bond mentioned in Section 6-6-430, give bond in double the amount of the plaintiff's demand, payable to the plaintiff, with sufficient surety, to be approved by the judge or clerk and conditioned to pay such judgment as may be entered or ascertained to exist in favor of the plaintiff and against the defendant in the case and costs of the action. Thereupon, the garnishment is dissolved and the garnishee discharged and need not answer; and, upon the trial of the case, if judgment is entered or ascertained to exist in favor of the plaintiff against the defendant, the court must also enter judgment against the obligors in the bond for the amount of such judgment, interest thereon and costs of the action.
(b) The giving of the bond authorized in this section operates to discharge all garnishees in the case, whether one or more.
(Code 1896, §2184; Code 1907, §4313; Code 1940, T. 7, §1008.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 5 - Answer of Garnishee.›Section 6-6-450 - Filing of Answer; Notice Thereof; Oral Examination.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-450 - Filing of Answer; Notice Thereof; Oral Examination.
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Section 6-6-450
Filing of answer; notice thereof; oral examination.
The garnishee must answer under oath according to the terms of the garnishment; and, upon filing, the clerk or register shall give the plaintiff and defendant notice, and the garnishee may, if required by the plaintiff, be examined orally in the presence of the court. Any demand for oral examination required by the plaintiff after filing of written answer by the garnishee must be made by motion filed within 30 days from the date of notice of filing answer.
(Code 1923, §8067; Code 1940, T. 7, §1011.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-5/section-6-6-451/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 5 - Answer of Garnishee.›Section 6-6-451 - Answers on Behalf of Corporations.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-451 - Answers on Behalf of Corporations.
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Section 6-6-451
Answers on behalf of corporations.
No person shall answer on behalf of any corporation any process of garnishment unless he shall make affidavit that he is the duly authorized agent of the corporation to make such answer and that he has knowledge of the facts stated therein.
(Code 1867, §2897; Code 1876, §3222; Code 1886, §2975; Code 1896, §2190; Code 1907, §4319; Code 1923, §8070; Code 1940, T. 7, §1014.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-5/section-6-6-452/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 5 - Answer of Garnishee.›Section 6-6-452 - Payment of Defendant's Money Into Court if Garnishee Admits Possession Thereof.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-452 - Payment of Defendant's Money Into Court if Garnishee Admits Possession Thereof.
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Section 6-6-452
Payment of defendant's money into court if garnishee admits possession thereof.
If the garnishee admits the possession of money belonging to the defendant, he must pay the same or so much thereof as may be necessary to satisfy the plaintiff's demand and costs into court to await the order of the court; and, if he fails to make such payment, he is liable as if he had admitted an indebtedness for the amount of such money.
(Code 1886, §2979; Code 1896, §2194; Code 1907, §4323; Code 1923, §8074; Code 1940, T. 7, §1018.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-5/section-6-6-453/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 5 - Answer of Garnishee.›Section 6-6-453 - Payment of Indebtedness or Liability to Clerk; Effect Thereof; Ordering of Deposit...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-453 - Payment of Indebtedness or Liability to Clerk; Effect Thereof; Ordering of Deposit by Court.
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Section 6-6-453
Payment of indebtedness or liability to clerk; effect thereof; ordering of deposit by court.
(a) When the garnishee admits indebtedness or liability to the defendant and the defendant has not executed bond for the dissolution of the garnishment, as provided in Division 4 of this article, the garnishee may, by order of the court first had and obtained, pay the amount of such indebtedness or liability or so much thereof as the court may direct into the hands of the clerk, to be held subject to the judgment in the case. Such payment has the effect to discharge the garnishee from liability for the amount so paid and interest subsequently accruing thereon, but does not prevent the interposition and trial of collateral issues as provided in Division 6 of this article.
(b) The court may, in its discretion, direct the clerk to deposit, pending the action, the money at interest in a bank authorized to receive deposits of public funds.
(Code 1896, §§2188, 2189; Code 1907, §§4317, 4318; Code 1923, §§8068, 8069; Code 1940, T. 7, §§1012, 1013.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-5/section-6-6-454/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 5 - Answer of Garnishee.›Section 6-6-454 - Judgment Where Answer Admits Indebtedness to Defendant.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-454 - Judgment Where Answer Admits Indebtedness to Defendant.
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Section 6-6-454
Judgment where answer admits indebtedness to defendant.
If the garnishee answers and admits indebtedness to the defendant, judgment thereon must be entered against him, after judgment against the defendant, for the amount so admitted, if less than the amount of the judgment against the defendant, or, if more or equal thereto, for the amount thereof; and if the debtor demand is not then payable, execution must be suspended until its maturity.
(Code 1852, §2541; Code 1867, §2969; Code 1876, §3294; Code 1886, §2976; Code 1896, §2191; Code 1907, §4320; Code 1923, §8071; Code 1940, T. 7, §1015.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-5/section-6-6-455/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 5 - Answer of Garnishee.›Section 6-6-455 - Proceedings When Garnishee Liable for Delivery of Personal Property.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-455 - Proceedings When Garnishee Liable for Delivery of Personal Property.
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Section 6-6-455
Proceedings when garnishee liable for delivery of personal property.
If the garnishee is liable for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property, the value of the property must be ascertained and a judgment entered against the garnishee that if he does not, by a day to be fixed by the court which must be a day after the maturity of such contract, deliver such property to the sheriff or other lawful officer, he must pay the value thereof or the sum of money which was payable therein. Upon the return of the sheriff or such other officer that such property was not delivered or the value thereof or such sum of money was not paid to him as required by the judgment, execution must be issued for the ascertained value of such property or for the sum of money payable therein, if the same is less than the amount of the judgment against the defendant in the original action, or, if more or equal thereto, for the amount thereof. If such property is delivered to the sheriff or other lawful officer, he must proceed to a sale thereof as if under execution against the defendant.
(Code 1886, §2977; Code 1896, §2192; Code 1907, §4321; Code 1923, §8072; Code 1940, T. 7, §1016.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-5/section-6-6-456/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 5 - Answer of Garnishee.›Section 6-6-456 - Judgment and Proceedings if Possession of Effects Subject to Levy and Sale Admitte...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-456 - Judgment and Proceedings if Possession of Effects Subject to Levy and Sale Admitted.
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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 1867, §§2970-2972; Code 1876, §§3295-3297; Code 1886, §2978; Code 1896, §2193; Code 1907, §4322; Code 1923, §8073; Code 1940, T. 7, §1017.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-5/section-6-6-457/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 5 - Answer of Garnishee.›Section 6-6-457 - Proceedings on Failure to Appear and Answer.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-457 - Proceedings on Failure to Appear and Answer.
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Section 6-6-457
Proceedings on failure to appear and answer.
If the garnishee fails to appear and answer, a conditional judgment must be entered against him for the amount of the plaintiff's claim, as ascertained by his judgment, to be made absolute unless he appears within 30 days after notice of the conditional judgment issued by the clerk, to be served on him, as other process, by the sheriff. If he fails to appear within the time required by the notice served upon him or if two notices are returned "not found" by the sheriff of the county in which the garnishment was executed, the judgment must be made absolute.
(Code 1852, §2545; Code 1867, §2973; Code 1876, §3298; Code 1886, §2980; Code 1896, §2195; Code 1907, §4324; Code 1923, §8075; Code 1940, T. 7, §1019.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-5/section-6-6-458/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 5 - Answer of Garnishee.›Section 6-6-458 - Controverting of Answer by Plaintiff, Etc.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-458 - Controverting of Answer by Plaintiff, Etc.
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Section 6-6-458
Controverting of answer by plaintiff, etc.
The plaintiff, his agent, or attorney may controvert the answer of the garnishee by making oath within 30 days after notice of the filing of the answer that he believes it to be untrue. Thereupon, an issue must be made up, under the direction of the court, in which the plaintiff must allege in what respect the answer is untrue; and, if required by either party, a jury must be impaneled to try such issue.
(Code 1852, §2546; Code 1867, §2974; Code 1876, §3299; Code 1886, §2891; Code 1896, §2196; Code 1907, §4325; Code 1923, §8076; Code 1940, T. 7, §1020.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-5/section-6-6-459/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 5 - Answer of Garnishee.›Section 6-6-459 - Contest of Answer by Defendant.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-459 - Contest of Answer by Defendant.
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Section 6-6-459
Contest of answer by defendant.
The defendant, upon the coming in of the answer, may, within 30 days after notice of the filing of the answer, allege that the garnishee is indebted to him in a larger sum than he has admitted, is otherwise liable to him on a demand, the subject of garnishment, or that he holds money or effects of the defendant not admitted in his answer, which, being reduced to writing setting forth particularly in what respect the answer is deficient and being sworn to, an issue must thereupon be made up, under the direction of the court, which must be tried by a jury if required by either party; but such controversy shall not prevent the plaintiff from taking judgment upon the answer of the garnishee.
(Code 1852, §2547; Code 1867, §2975; Code 1876, §3300; Code 1886, §2982; Code 1896, §2197; Code 1907, §4326; Code 1923, §8077; Code 1940, T. 7, §1021.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-5/section-6-6-460/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 5 - Answer of Garnishee.›Section 6-6-460 - Judgment When Issue Found Against Garnishee.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-460 - Judgment When Issue Found Against Garnishee.
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Section 6-6-460
Judgment when issue found against garnishee.
If such issue is found against the garnishee, judgment must be entered against him in favor of the plaintiff, if necessary, to satisfy his claim or judgment against the defendant or in favor of the defendant, if such judgment has been satisfied.
(Code 1852, §2548; Code 1867, §2976; Code 1876, §3301; Code 1886, §2983; Code 1896, §2198; Code 1907, §4327; Code 1923, §8078; Code 1940, T. 7, §1022.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-5/section-6-6-461/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 5 - Answer of Garnishee.›Section 6-6-461 - Effect of Judgment for Plaintiff as Between Garnishee and Defendant.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-461 - Effect of Judgment for Plaintiff as Between Garnishee and Defendant.
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Section 6-6-461
Effect of judgment for plaintiff as between garnishee and defendant.
The judgment condemning the debt, demand, money, or effects to the satisfaction of the plaintiff's demand is conclusive as between the garnishee and the defendant to the extent of such judgment, unless the defendant prosecutes to effect an appeal from such judgment, which he may do in his own name; and, if such judgment is stayed by bond and the garnishee is notified of the fact, he is not permitted to discharge such judgment pending the appeal.
(Code 1852, §2563; Code 1867, §2991; Code 1876, §3316; Code 1886, §2993; Code 1896, §2185; Code 1907, §4314; Code 1923, §8065; Code 1940, T. 7, §1009.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-5/section-6-6-462/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 5 - Answer of Garnishee.›Section 6-6-462 - Payment of Costs to Garnishee Upon Discharge.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-462 - Payment of Costs to Garnishee Upon Discharge.
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Section 6-6-462
Payment of costs to garnishee upon discharge.
When the answer of the garnishee is not controverted or, if controverted, is found for him, he shall be allowed $3 per day during his attendance when such attendance is required, together with five cents per mile, computed according to the usual route traveled, going to and returning from court; and, when the personal attendance of said garnishee is not required, he shall be allowed $3 for such answer, which shall be taxed and collected as other costs.
(Code 1852, §2556; Code 1867, §2984; Code 1876, §3309; Code 1886, §2991; Code 1896, §2206; Code 1907, §4335; Acts 1909, No. 121 1/2 , p. 163; Code 1923, §8086; Code 1940, T. 7, §1030.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-5/section-6-6-463/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 5 - Answer of Garnishee.›Section 6-6-463 - Disposition of Claims of Other Persons Suggested by Garnishee.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-463 - Disposition of Claims of Other Persons Suggested by Garnishee.
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Section 6-6-463
Disposition of claims of other persons suggested by garnishee.
(a) When the garnishee, by his answer as originally filed or by any supplemental answer thereafter, alleges, at any time before final judgment against him, that he has been notified that another person claims title to, or an interest in, the debt, demand, money, or effects which, by his answer, he has admitted to be due or owing or to be in his possession, the clerk must issue notice to the suggested claimant to appear within 30 days after service of the notice and propound his claim and contest with the plaintiff the right to such debt, demand, money or effects.
(b) If he appears, he must be required to propound his claim in writing and make oath thereto, upon which the plaintiff must take issue in law or in fact, and the issue in fact must be tried by a jury, if required by either party. If the issue is found for the plaintiff, judgment must be entered against the garnishee on his answer or, if for the contestant, the garnishee must be discharged.
(c) If the contestant is a nonresident, the contest must be stayed 60 days and the same proceedings had as in the case of a nonresident defendant.
(d) If two notices to the resident contestant be returned "not found," a judgment must be entered against the garnishee on his answer.
(e) The interposition of these collateral issues does not affect the jurisdiction of the court obtained by levy of the attachment or service of garnishment.
(f) Upon the trial of these collateral issues, either party may appeal any question, and judgment for costs must be entered against the unsuccessful party.
(Code 1852, §§2549-2554; Code 1867, §§2977-2982; Code 1876, §§3302-3307; Code 1886, §§2984-2989; Code 1896, §§2199-2204; Code 1907, §§4328-4333; Code 1923, §§8079-8084; Code 1940, T. 7, §§1023-1028.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-5/section-6-6-464/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 5 - Answer of Garnishee.›Section 6-6-464 - Appeals.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-464 - Appeals.
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Section 6-6-464
Appeals.
An appeal lies to the supreme court or the court of civil appeals, as the case may be, at the instance of the plaintiff, the defendant, the garnishee, or the contestant, or claimant.
(Code 1852, §2555; Code 1867, §2983; Code 1876, §3308; Code 1886, §2990; Code 1896, §2205; Code 1907, §4334; Code 1923, §8085; Code 1940, T. 7, §1029.)
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