reglab/housing_qa huggingface dataset:
AL Code § 6-6-223 (2021)
2021 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.

Section 6-6-223Construction 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.)
AL Code § 6-6-224 (2021)
2021 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.

Section 6-6-224Construction 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.)
AL Code § 6-6-225 (2021)
2021 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.

Section 6-6-225Questions 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.)
AL Code § 6-6-226 (2021)
2021 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.

Section 6-6-226Enumeration 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.)
AL Code § 6-6-227 (2021)
2021 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.

Section 6-6-227Persons 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.)
AL Code § 6-6-228 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 5 - Declaratory Judgments.|Section 6-6-228 - Determination of Issue of Fact.

Section 6-6-228Determination 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.)
AL Code § 6-6-229 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 5 - Declaratory Judgments.|Section 6-6-229 - When Refusal Proper.

Section 6-6-229When 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.)
AL Code § 6-6-230 (2021)
2021 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.

Section 6-6-230Granting 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.)
AL Code § 6-6-231 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 5 - Declaratory Judgments.|Section 6-6-231 - Awarding of Costs.

Section 6-6-231Awarding 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.)
AL Code § 6-6-232 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 5 - Declaratory Judgments.|Section 6-6-232 - Review of Orders and Judgments.

Section 6-6-232Review 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.)
AL Code § 6-6-250 (2021)
2021 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.

Section 6-6-250Duty 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.)
AL Code § 6-6-251 (2021)
2021 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.

Section 6-6-251Service 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.)
AL Code § 6-6-252 (2021)
2021 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.

Section 6-6-252Intervention 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.)
AL Code § 6-6-253 (2021)
2021 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.

Section 6-6-253Interpleader 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.)
AL Code § 6-6-254 (2021)
2021 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.

Section 6-6-254Return 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.)
AL Code § 6-6-255 (2021)
2021 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.

Section 6-6-255Proceedings 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.)
AL Code § 6-6-256 (2021)
2021 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.

Section 6-6-256Assessment 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.)
AL Code § 6-6-257 (2021)
2021 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.

Section 6-6-257Assessment 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.)
AL Code § 6-6-258 (2021)
2021 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.

Section 6-6-258Assessment 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.)
AL Code § 6-6-259 (2021)
2021 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.

Section 6-6-259Actions 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.)
AL Code § 6-6-260 (2021)
2021 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.

Section 6-6-260Recovery 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.)
AL Code § 6-6-261 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 6 - Detinue.|Section 6-6-261 - Execution Upon Judgment.

Section 6-6-261Execution 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.)
AL Code § 6-6-262 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 6 - Detinue.|Section 6-6-262 - Execution, Garnishment, or Other Process on Bond.

Section 6-6-262Execution, 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.)