reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-602 - Costs - Liability of Informant's Sureties.

Section 6-6-602
Costs - Liability of informant's sureties.
(a) On the dismissal of the action, judgment must be entered against the sureties of the informant for the costs.
(b) In all cases under this article, in which judgment is entered against the informant for costs, execution may issue therefor against his sureties.
(Code 1852, §§2668, 2669; Code 1867, §§3096, 3097; Code 1876, §§3436, 3437; Code 1886, §§3181, 3182; Code 1896, §§3435, 3436; Code 1907, §§5468, 5469; Code 1923, §§9947, 9948; Code 1940, T. 7, §§1151, 1152.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-603 - Appeals - Generally.

Section 6-6-603
Appeals - Generally.
The state, informant, or defendant may appeal to the Supreme Court in accordance with the Alabama Rules of Appellate Procedure.
(Code 1852, §2670; Code 1867, §3098; Code 1876, §3438; Code 1886, §3183; Code 1896, §3437; Code 1907, §5470; Code 1923, §9949; Code 1940, T. 7, §1153.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-604 - Appeals - Stay of Execution on Judgment.

Section 6-6-604
Appeals - Stay of execution on judgment.
If the defendant is adjudged guilty of usurping or intruding into, or unlawfully holding or exercising, any public office, civil or military, or any office in a corporation created by the authority of this state or unlawfully practicing any profession requiring a license, the appeal does not stay the execution of the judgment unless the party appealing shall execute bond, as prescribed in Rule 8 of the Alabama Rules of Appellate Procedure, payable to the State of Alabama.
(Code 1896, §3438; Code 1907, §5471; Code 1923, §9950; Code 1940, T. 7, §1154.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-620 - Appointment - Power of Circuit Court Judge, Register, or Clerk.

Section 6-6-620
Appointment - Power of circuit court judge, register, or clerk.
Receivers may be appointed by the circuit court judge and by the register or clerk in the absence of the judge, upon application in writing. When the application is made to the register or clerk, reasonable notice of the time of such application and the person to whom it will be submitted must be given, or a good reason shown to the register or clerk for the failure to give the same.
(Code 1852, §2986; Code 1867, §3441; Code 1876, §3881; Code 1886, §3534; Code 1896, §799; Code 1907, §5726; Code 1923, §10113; Code 1940, T. 7, §1156.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-621 - Appointment - Appeal When Appointed by Register or Clerk.

Section 6-6-621
Appointment - Appeal when appointed by register or clerk.
When an order appointing a receiver is made by the register or clerk, it shall be subject to appeal to the circuit judge, which may be heard at any time. Such order must be suspended whenever the appellant enters into bond with sufficient sureties, to be approved by the register or clerk, in such sum as he shall prescribe, payable to the appellee and conditioned to pay the appellee all such costs and damages as he may sustain in case the appeal is not prosecuted to effect.
(Code 1867, §§730, 731; Code 1876, §§639, 640; Code 1886, §3535; Code 1896, §800; Code 1907, §5727; Code 1923, §10114; Code 1940, T. 7, §1157.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-622 - Appointment - Posting of Bond by Applicant; Recovery Upon Bond.

Section 6-6-622
Appointment - Posting of bond by applicant; recovery upon bond.
(a) When application is made to the circuit judge, register, or clerk for the appointment of a receiver, such circuit judge, register, or clerk must, before making such appointment, require the applicant to enter into bond, with surety, in such sum as the circuit judge, register, or clerk may prescribe, payable to the opposite party, and to be approved by the judge, register or clerk, with condition to pay all damages which any person may sustain by the appointment of the receiver if such appointment is vacated or receiver removed or discharged because improvidently appointed.
(b) Any person damaged by the appointment of the receiver in the event such appointment is vacated or discharged, as provided in subsection (a) of this section, may recover, by an action upon such bond, in his own name, all damages so sustained, not exceeding the penalty of the bond.
(Code 1896, §§801, 802; Code 1907, §§5728, 5729; Code 1923, §§10115, 10116; Code 1940, T. 7, §§1158, 1159.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-623 - Appointment - Partnerships; Power of Court to Make Orders Relative to Partnership Business, etc.; Modification or Vacation of Appointment or Orders.

Section 6-6-623
Appointment - Partnerships; power of court to make orders relative to partnership business, etc.; modification or vacation of appointment or orders.
(a) When any partnership shall be dissolved and the partners cannot agree upon the disposition of the partnership effects and the settlement of the affairs of such partnership, either of them may apply to the circuit court for the county in which either of said partners resides or in which the property of such partnership is situated for the appointment of a receiver to hold the business and all of the estate, both real and personal, belonging to such partnership and dispose of, manage and apply the same as the said court may direct. Upon receiving such application, said court shall forthwith appoint a day for the hearing upon the same and shall make such order relative to notice of such application and of the hearing to the other partners as may be deemed proper. The hearing shall be at least six days from the service of such order or notice, and such court, upon said hearing, may appoint a receiver for said partnership who shall be subject to the orders of said court.
(b) The said court shall have the power to make such orders relative to the management or closing up of the business of such partnership and to the sale, division, or other disposal of its real and personal estate as may be necessary to protect the rights and interests of each partner and of the creditors of such partnership.
(c) Upon the appointment of a receiver for a partnership, he shall be entitled to the immediate possession and control of all its property, both real and personal, subject to the order of said court; but any such appointment or any order of said court may be modified or vacated on the application to said court of any party to such proceedings, reasonable notice of such application and of the time and place of the hearing thereon having first been given to every other party.
(Code 1923, §§10119-10121; Code 1940, T. 7, §§1162-1164.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-624 - Appointment - Dissolution of Attachments and Levies of Executions Against Corporations or Partnerships.

Section 6-6-624
Appointment - Dissolution of attachments and levies of executions against corporations or partnerships.
The commencement of proceedings for the appointment of a receiver of a corporation or a partnership shall dissolve all attachments and all levies of executions not completed made within 60 days next preceding on the property of such corporation or partnership; but if the property is subsequently taken from the receiver so that it cannot be made subject to the orders of the court in the settlement of the affairs of said corporation or partnership or if the receivership shall be terminated by order of the court pending the settlement of the affairs of the corporation or partnership, said attachments and levies of execution shall revive, and the time from the commencement of such proceedings to the time when the receiver shall be dispossessed of the property, or the finding of the court that said property is not subject to the orders of said court or when said trust shall be terminated shall be excluded from the computation in determining the continuance of the lien created by such attachment; but the attachment or levying creditors shall be allowed the amount of their legal costs accruing before the time of the appointment of a receiver as a preferred claim against the estate of said corporation or partnership if their respective claims upon which the attachments are founded shall, in whole or in part, be allowed.
(Code 1923, §10124; Code 1940, T. 7, §1167.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-625 - Payment of Salaries, Commissions, and Wages Before General Liabilities of Corporation or Partnership Paid.

Section 6-6-625
Payment of salaries, commissions, and wages before general liabilities of corporation or partnership paid.
Every debt due to any person on a salary or commission basis or any laborer or mechanic for personal wages from any corporation or partnership for which a receiver shall be appointed for any labor performed for such corporation or partnership within three months next preceding the service of the application for the appointment of a receiver shall be paid in full by the receiver, to the amount of not exceeding $300, before the general liabilities of such corporation or partnership are paid.
(Code 1923, §10122; Code 1940, T. 7, §1165.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-626 - Commencement of Actions Against Receivers or Managers of Property.

Section 6-6-626
Commencement of actions against receivers or managers of property.
A receiver or manager of property, appointed by any court, may have an action commenced against him in respect to any act or transaction of his in carrying on the business connected with such property in this state without the previous leave of the court in which such receiver or manager was appointed.
(Code 1896, §803; Code 1907, §5730; Code 1923, §10117; Code 1940, T. 7, §1160.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-627 - Service of Process on Foreign or Domestic Receivers.

Section 6-6-627
Service of process on foreign or domestic receivers.
In actions against foreign or domestic receivers holding, owning, claiming, or operating property in this state, the summons and complaint may be executed by the delivery of a copy thereof to the receiver if he is found within the state or, upon affidavit being made by the plaintiff, his agent, or attorney that the receiver cannot be found within the state, then service may be had by leaving a copy of the summons and complaint with any agent in the employ of such receiver; and, if there are two or more receivers of the same estate, firm, person, or corporation, service upon one of such receivers or his agent, as provided in this section, is sufficient.
(Code 1896, §804; Code 1907, §5731; Code 1923, §10118; Code 1940, T. 7, §1161.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-628 - Removal and Filling of Vacancies.

Section 6-6-628
Removal and filling of vacancies.
Receivers may be removed at any time at the pleasure of the court by which they were appointed, and if any receiver is removed, declines to act or dies, the court that appointed him may fill the vacancy.
(Code 1923, §10123; Code 1940, T. 7, §1166.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 15 - Remedial Writs. › Section 6-6-640 - Commencement by Petition; Answer Thereto; Amendments; Relief Upon Issues Presented.

Section 6-6-640
Commencement by petition; answer thereto; amendments; relief upon issues presented.
(a) All applications for mandamus, prohibition, certiorari, or other remedial writ of a supervisory nature shall be commenced by a petition, verified by affidavit, in which the facts shall be stated as briefly and succinctly as the case will admit of, and any defendant may answer as to all such matters as may be necessary to his defense; any of the pleadings in such proceedings may be amended as often as occasion may require to attain the ends of justice and by striking out parties and adding new parties; and upon the issues thus presented, the court shall award the relief, if any, to which the petitioner is entitled.
(b) In any such proceeding, the answer shall not be conclusive, but the truth or sufficiency thereof may be put in issue and controverted.
(Code 1886, §§3128, 3159; Code 1896, §§2825, 2826; Code 1907, §§4804, 4805; Code 1923, §§8978, 8979; Code 1940, T. 7, §§1072, 1073.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 15 - Remedial Writs. › Section 6-6-641 - Appeals.

Section 6-6-641
Appeals.
From the final judgment of any circuit court in any such proceeding, an appeal shall lie to the appropriate appellate court as in other cases.
(Code 1886, §3160; Code 1896, §2827; Code 1907, §4866; Code 1923, §8980; Code 1940, T. 7, §1074.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 15 - Remedial Writs. › Section 6-6-642 - Effect of Article.

Section 6-6-642
Effect of article.
The common law, as now in force in this state, touching any of the matters embraced in this article, is not repealed, but left in full force, the true intent and meaning of this article being to provide a plain, more speedy, and less expensive mode of procedure in all cases to which it applies; nor is anything contained in this article intended to repeal, alter, or change any statute of this state now in force in reference to proceedings for habeas corpus or mandamus.
(Code 1886, §3166; Code 1896, §2833; Code 1907, §4872; Code 1923, §8986; Code 1940, T. 7, §1080.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 1 - General Provisions. › Section 6-6-660 - Notice of Motion for Judgment.

Section 6-6-660
Notice of motion for judgment.
Judgment may be entered summarily against the persons and for defaults stated in this article, upon notice in writing by the party aggrieved that a motion will be made for judgment, succinctly stating in such notice the cause for which such motion will be made and the court, the time and the place the motion will be submitted.
(Code 1852, §2596; Code 1867, §3025; Code 1876, §3351; Code 1886, §3095; Code 1896, §3763; Code 1907, §5899; Code 1923, §10226; Code 1940, T. 7, §591.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 1 - General Provisions. › Section 6-6-661 - Venue.

Section 6-6-661
Venue.
The summary remedies given in this article must be enforced in the manner following, except in cases otherwise specially provided in this article:
(1) When the motion is against a sheriff, coroner, clerk, or other officer of court, or their sureties, the motion must be made in the circuit court of the county in which such officer was acting officially at the time of the default or in the court to which the process was returnable when the default consists in the failure to execute or return process or to pay over money collected thereon; and
(2) In all other cases not specially provided for, the motion must be made in the circuit court of the county in which the person moved against resides or, if he has no permanent residence, then in any county where he may be found.
(Code 1852, §2600; Code 1867, §3029; Code 1876, §3355; Code 1886, §3099; Code 1896, §3767; Code 1907, §5903; Code 1923, §10230; Code 1940, T. 7, §594.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 1 - General Provisions. › Section 6-6-662 - Parties.

Section 6-6-662
Parties.
The motion may be made by the party aggrieved or his legal representative against the person in default and the sureties upon his official bond, and the judgment must be entered against such of the parties, whether principal or surety, as may have received notice of the intended motion.
(Code 1852, §2597; Code 1867, §3026; Code 1876, §3352; Code 1886, §3096; Code 1896, §3764; Code 1907, §5900; Code 1923, §10227; Code 1940, T. 7, §592.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 1 - General Provisions. › Section 6-6-663 - Hearing and Determination.

Section 6-6-663
Hearing and determination.
Unless in cases otherwise directed by this article, the court must hear and determine the motion and enter judgment upon the evidence without a jury unless an issue is tendered and a jury trial demanded, when a jury must be immediately impaneled to try the facts, unless good cause shall be shown for a continuance.
(Code 1852, §2599; Code 1867, §3028; Code 1876, §3354; Code 1886, §3098; Code 1896, §3766; Code 1907, §5902; Code 1923, §10229; Code 1940, T. 7, §593.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 2 - Sheriffs, Coroners and Other Officers. › Section 6-6-680 - Judgment Against Sheriff, etc., Receiving or Executing Writ.

Section 6-6-680
Judgment against sheriff, etc., receiving or executing writ.
Judgment must be entered for the plaintiff, on three days' notice, against the sheriff, coroner, or other officer receiving or executing the writ in the following cases:
(1) For failing to return an execution, 20 percent on the judgment;
(2) For failing to pay over money collected upon an execution, on demand of the plaintiff, his agent, or attorney, for the amount so collected and five percent per month damages from the time such demand was made;
(3) For failing to make the money on an execution, which by due diligence could have been made, for the amount of the execution, interest, and 10 percent damages thereon;
(4) For fraudulently making a false return, for the amount of the execution, interest, and 10 percent damages thereon;
(5) For failing to notify the plaintiff, his agent, or attorney of the collection of money by execution, for five percent per month on the amount collected from the time when the notice should have been given, not to exceed $25 per month;
(6) For failing to endorse on an execution the true date of its delivery to him, for 10 percent on the amount of the execution, and the officer is also responsible for any injury or loss which may arise from such omission; and
(7) For failure to execute a summons, attachment, or other mesne process, which by due diligence could have been executed, for a sum not less than $50, nor more than $500, to be ascertained by a jury. This remedy shall not preclude the party injured from a resort to other legal modes of redress.
(Code 1852, §§2601-2607; Code 1867, §§3031-3037; Code 1876, §§3356-3362; Code 1886, §§3100-3106; Code 1896, §§3768-3774; Code 1907, §§5904-5910; Code 1923, §§10231-10237; Code 1940, T. 7, §595.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 2 - Sheriffs, Coroners and Other Officers. › Section 6-6-681 - Judgment in Favor of Defendant.

Section 6-6-681
Judgment in favor of defendant.
Judgment must, in like manner, be entered in favor of the defendant in execution against the sheriff or coroner, on three days' notice, in the following cases:
(1) For failure to pay over on demand any excess of money which may remain upon a sale under execution after satisfaction thereof and of the costs, for the amount of such excess and five percent per month after demand;
(2) For failing to return an execution wholly or partially satisfied, for 25 percent on the amount paid; and
(3) For failing to pay over on demand money paid or collected on an execution, the whole or any part of which is enjoined, for the amount so enjoined and five percent per month on the amount from the time of the demand.
(Code 1852, §§2608-2611; Code 1867, §§3038-3041; Code 1876, §§3363-3366; Code 1886, §§3107-3110; Code 1896, §§3775-3778; Code 1907, §§5911-5914; Code 1923, §§10238-10241; Code 1940, T. 7, §596.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 2 - Sheriffs, Coroners and Other Officers. › Section 6-6-682 - Judgment in Favor of Clerk of Appellate Court; Copy of Execution and Certification of Clerk as Evidence.

Section 6-6-682
Judgment in favor of clerk of appellate court; copy of execution and certification of clerk as evidence.
(a) Judgment must, in like manner, be entered in favor of the clerk of an appellate court against the sheriff or coroner, on three days' notice:
(1) For failure to return an execution from that court;
(2) For making a false return thereon;
(3) For failing to make the money thereon when by due diligence it could have been made; or
(4) For failing on demand to pay over money collected on execution, for the penalties prescribed in this division for the same defaults on executions issued from the circuit court.
(b) On the trial of the motion by such clerk, a copy of the execution made and certified by him with the return thereon, if any was made, or a statement that no return was made, if such be the fact, together with his certificate that the execution was received by the sheriff or sent to him by mail is evidence of the facts so certified, without producing a transcript of the record from the proceedings of an appellate court, and also presumptive evidence that the writ was received by the sheriff, unless he states, under oath in writing, that he never received the writ or that he returned it according to law.
(Code 1852, §§2612-2614; Code 1867, §§3042-3044; Code 1876, §§3367-3369; Code 1886, §§3111-3112; Code 1896, §§3779, 3780; Code 1907, §§5915, 5916; Code 1923, §§10242, 10243; Code 1940, T. 7, §§597, 598.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 2 - Sheriffs, Coroners and Other Officers. › Section 6-6-683 - Judgment Against Officer Accepting Substitute for Juror or Serving Person Other Than One to Be Drawn.

Section 6-6-683
Judgment against officer accepting substitute for juror or serving person other than one to be drawn.
Any officer who accepts or receives a substitute for any person drawn as a juror or whom he is directed to summon as a juror or who intentionally serves any other person than the one drawn as a juror or whom he is directed to summon as a juror must be fined $50, to be recovered on motion by the district attorney, in the name of the state, in the circuit court of the county in which the offense is committed, on five days' notice, one half of which shall be for the use of the county and the other half for the use of the district attorney.
(Code 1876, §3371; Code 1886, §3113; Code 1896, §3781; Code 1907, §5917; Code 1923, §10244; Code 1940, T. 7, §599.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 2 - Sheriffs, Coroners and Other Officers. › Section 6-6-684 - Entry of Judgment in Favor of Sheriff or Coroner.

Section 6-6-684
Entry of judgment in favor of sheriff or coroner.
(a) Judgment must, in like manner, be summarily entered in favor of the sheriff or coroner, on three days' notice of the pendency of the action:
(1) Against the obligors on bonds given to indemnify such officer for levying an execution or attachment or for making sale of property so levied on or attached after judgment against him for making such levy or sale, for the amount entered against such officer, with interest from the date of judgment against him.
(2) Against the deputy of the sheriff or coroner and his sureties, or either of them, for the amount of any judgment entered against the sheriff or coroner for the default of such deputy, with interest from date of judgment against him.
(b) Judgment must, in like manner, be summarily entered in favor of the sheriff, on three days' notice, against the judge of probate, for the amount of any fees received by him for such sheriff for the service of citations, notices, or other process in relation to estates of deceased persons or minors which, on demand, have not been paid over, with five percent per month from the time of such demand.
(Code 1852, §2615; Code 1867, §§813, 3045; Code 1876, §§3374, 3375; Code 1886, §§3114, 3115; Code 1896, §§3782, 3783; Code 1907, §§5918, 5919; Code 1923, §§10245, 10246; Code 1940, T. 7, §§600, 601.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 3 - Clerks and Registers. › Section 6-6-700 - Entry of Judgment Against Clerk, Register, or Their Sureties.

Section 6-6-700
Entry of judgment against clerk, register, or their sureties.
Judgment must, in like manner, be summarily entered against the clerk of the circuit court and his sureties, or either of them, and against the register in circuit court and his sureties, or either of them, on three days' notice, in the following cases:
(1) In favor of the plaintiff in execution for failure to enter on the execution docket the return made upon an execution by the proper officer, within three days after the return is made, for 20 percent on the amount of the execution and interest thereon;
(2) For failing on demand to pay over money received by him on any judgment or paid into court, on a plea of tender, other plea, or by rule of court, for the sum so received by him with five percent per month on the amount from the time of the demand;
(3) For failing to notify the plaintiff, his agent, or attorney under the provisions of Section 6-9-92, which are made to apply to such clerk, of the collection of money upon judgments, for five percent per month on the amount collected, from the time when the notice should have been given, not to exceed $25 per month;
(4) For failing to issue execution as required by Section 6-9-23, within the time prescribed by law or at any time subsequent on the request of the party interested, his agent, or attorney or for failing to issue execution within five days on any bond returned forfeited and upon which execution may rightfully issue and upon any judgment remanded from the supreme court, for 20 percent on the amount of the judgment;
(5) In favor of the party entitled thereto for failing, on demand, to pay over money received by him under Rule 22, Alabama Rules of Civil Procedure, for the amount so paid and five percent damages thereon per month from the time of the demand;
(6) In favor of the state, in the circuit court held at the seat of government or of the county in which the clerk or any surety proceeded against resides, on 10 days' notice, in the following cases:
a. For failing to issue execution for any forfeiture belonging to the state treasury within the time prescribed, for $200; and
b. For failure to pay into the State Treasury any fine, penalty, or forfeiture belonging thereto received by such clerk within one month after it was received by him, for the amount so received and 10 percent damages thereon; and
(7) In favor of the state, on three days' notice, in the circuit court of the county of such clerk, for the neglect of the duty imposed by Section 12-17-96, for not less than $100 nor more than $500, at the discretion of the court.
(Code 1852, §§2616-2623, 2625, 2626; Code 1867, §§770, 3046-3054, 3056, 3057; Code 1876, §§3376-3384, 3386-3388; Code 1886, §§3116-3127; Code 1896, §§3784-3795; Code 1907, §§5920-5931; Code 1923, §§10247-10258; Code 1940, T. 7, §§602-613.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 4 - Officers and Other Persons Receiving Public Moneys. › Section 6-6-720 - Entry of Summary Judgment in Favor of State Against Certain Defaulters or Sureties.

Section 6-6-720
Entry of summary judgment in favor of state against certain defaulters or sureties.
Summary judgment must be entered in favor of the state against the defaulters named in this section and their sureties, or either, in any court of the county of their residence having jurisdiction, on 10 days' notice, in the following cases:
(1) Against any tax assessor for making up a false or fraudulent assessment, in each case, for not more than $500, and such tax assessor may also be imprisoned in the county jail for not exceeding three months;
(2) Against any county treasurer or county depositaries, or any officer or agency of the county charged with the duty and custody of receiving and paying out county funds, for failing to pay over the excess of purchase money as provided in the revenue law to the former owner of any property sold for taxes, for not less than $200;
(3) Against any judge of probate for failing to make out and forward abstracts, reports, or returns according to the requirements of the revenue law, for not more than $500;
(4) Against any tax collector for knowingly collecting more taxes from a taxpayer than authorized by law or justified by the assessment, in each case, for not more than $500; and
(5) Against any tax collector for not paying over surplus of sale of any property sold by him for the payment of taxes as required by law, for not more than $100.
(Code 1876, §3392; Code 1886, §3132; Code 1896, §3800; Code 1907, §5936; Code 1923, §10263; Code 1940, T. 7, §618.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 4 - Officers and Other Persons Receiving Public Moneys. › Section 6-6-721 - Forfeiture of Half of Compensation by Tax Collector, Tax Assessor, or Probate Judge for Failure to Discharge Duties.

Section 6-6-721
Forfeiture of half of compensation by tax collector, tax assessor, or probate judge for failure to discharge duties.
Any tax collector, tax assessor, or judge of probate who knowingly and willfully neglects to discharge any of his duties as required in the revenue law shall forfeit one half of his compensation under that law for the use of the county, which may be recovered on motion in the circuit court of the county on 10 days' notice. It shall be the duty of the district attorney to make such motion, but any other person may make it.
(Code 1876, §3394; Code 1886, §3133; Code 1896, §3801; Code 1907, §5937; Code 1923, §10264; Code 1940, T. 7, §619.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 4 - Officers and Other Persons Receiving Public Moneys. › Section 6-6-722 - Judgment Against County Treasurer, etc., Failing to Pay Allowed Claim.

Section 6-6-722
Judgment against county treasurer, etc., failing to pay allowed claim.
If any county treasurer or other custodian of county funds fails, on demand and without good excuse, to pay an allowed claim against the county when there are funds in the treasury to pay the same, judgment may be obtained against him and his sureties, or any or either of them, on five days' notice, on motion in the circuit court of the county, in the name of the party to whom the claim is payable, his legal representatives or assigns for the amount of the claim, with interest from the time of the demand and 10 percent damages and costs.
(Code 1852, §795; Code 1867, §930; Code 1876, §3395; Code 1886, §3134; Code 1896, §3802; Code 1907, §5938; Code 1923, §10265; Code 1940, T. 7, §620.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 4 - Officers and Other Persons Receiving Public Moneys. › Section 6-6-723 - Judgment for Failure to Pay Over Moneys Collected or Received for County.

Section 6-6-723
Judgment for failure to pay over moneys collected or received for county.
If any tax collector, judge of probate, sheriff, clerk, or other officer or person fails to pay to the county treasurer or other custodian of county funds, within the time prescribed by law or, in case no time is fixed by law, on the demand of such treasurer or other custodian of county funds, any money he has collected or received for the county, judgment may be recovered against such person or such officer and his sureties, or any or either of them, on 10 days' notice, on motion of such treasurer or other custodian of county funds, in the circuit court in the name of the county, for the amount so collected or received, with interest from the time fixed for the payment or from the demand when no time is fixed and 10 percent damages and costs.
(Code 1852, §785; Code 1867, §920; Code 1876, §3396; Code 1886, §3135; Code 1896, §3803; Code 1907, §5939; Code 1923, §10266; Code 1940, T. 7, §621.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 5 - Attorneys-at-Law. › Section 6-6-740 - Judgment for Failure to Pay Over Money Collected or Deliver Personal Property Recovered in Capacity as Attorney.

Section 6-6-740
Judgment for failure to pay over money collected or deliver personal property recovered in capacity as attorney.
(a) Judgment may, in like manner, be summarily entered against any attorney-at-law in this state who fails to pay over money collected by him or deliver personal property recovered by him in that capacity, whether by an action or otherwise, on demand made by the person entitled thereto, his agent or attorney for the amount collected or the value of the property recovered, less the amount due the attorney for fees or compensation for services, interest thereon, and damages at the rate of five percent a month, after such demand, on the aggregate amount, in the circuit court of the county in which such attorney resides or, if he has no known place of residence in this state, in the circuit court of any county, on three days' personal notice; but such attorney may, if a doubt exists as to the right of the person making the demand or if there is a dispute as to the compensation due the attorney for the collection or recovery of the money or property, pay the money into court or turn the property over to the sheriff at the trial of such motion and have such questions there decided without being liable for interest or damages.
(b) The court may require the party claiming the money or property to establish his right thereto and, in determining the question of compensation, may examine both parties. The court may award costs, including the sheriff's reasonable expenses for preserving the property, at its discretion.
(Code 1852, §§2635-2637; Code 1867, §§3062-3064; Code 1876, §§3402-3404; Code 1886, §§3142, 3143; Code 1896, §§3810, 3811; Code 1907, §§5946, 5947; Code 1923, §§10267, 10268; Code 1940, T. 7, §§622, 623.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 17 - Validation of County, City, etc., Obligations. › Section 6-6-750 - Definitions.

Section 6-6-750
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) UNIT. Every county, city, town, district, or other political subdivision in the state of Alabama.
(2) OBLIGATIONS. Bonds, warrants, certificates of indebtedness, and notes of a unit, including bonds, warrants, certificates of indebtedness, and notes that are general obligations of the issuing unit and those that are payable solely from a specified source.
(3) DISTRICT ATTORNEY. The district attorney of the judicial circuit for the county or, if such has been appointed by the district attorney, an assistant district attorney who represents such county.
(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §169; Acts 1971, No. 972, p. 1734.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 17 - Validation of County, City, etc., Obligations. › Section 6-6-751 - Right to File Petition to Determine Validity of Obligations.

Section 6-6-751
Right to file petition to determine validity of obligations.
When any unit desiring to issue any obligations shall hold an election for that purpose in accordance with the provisions of the Constitution and laws of this state controlling and regulating such election and the returns of such election shall show prima facie that such election is in favor of the issuance of such obligations, or when the governing body of any unit, in any case where an election is not required by the Constitution or laws of this state, shall adopt any ordinance or resolution or take any other action required by law for the issuance of obligations of such unit, the governing body of such unit may in its discretion, before the issuance of any of such obligations, determine its authority to issue such obligations and the legality of all proceedings had or taken in connection therewith, the validity of the tax or other means provided for the payment thereof and the validity of all pledges of revenues and of all covenants and provisions contained in any such ordinance or resolution by filing a petition against the taxpayers and citizens of the unit in the circuit court of the county in which such election has been held or other such proceedings have been had or taken.
(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §170.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 17 - Validation of County, City, etc., Obligations. › Section 6-6-753 - Hearing and Determination; Contents of Judgment.

Section 6-6-753
Hearing and determination; contents of judgment.
At the time and place designated in said order, the judge of said circuit court shall proceed to hear and determine all questions of law and of fact in said case, and he shall make such orders as to the proceedings in said case and adjournments as will best conserve the interests of all parties and enable him to enter a judgment with the least possible delay. The judgment shall find the facts specially and shall state separately the judge's conclusions of law thereon. Any taxpayer or citizen of the unit may appear in such proceedings either personally or by attorney.
(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §172.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 17 - Validation of County, City, etc., Obligations. › Section 6-6-754 - Appeal From Judgment of Circuit Court.

Section 6-6-754
Appeal from judgment of circuit court.
Any party to said proceedings, whether petitioner, defendant, or intervenor, dissatisfied with the judgment of the court, may appeal therefrom to the supreme court in accordance with the Alabama Rules of Appellate Procedure.
(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §173.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 17 - Validation of County, City, etc., Obligations. › Section 6-6-755 - Conclusiveness of Judgment Validating and Confirming Issuance.

Section 6-6-755
Conclusiveness of judgment validating and confirming issuance.
If the circuit court shall enter a judgment validating and confirming the issuance of the obligations and no appeal shall be taken within the time prescribed in Section 6-6-754 or if taken and the judgment validating such obligations shall be affirmed by the Supreme Court, or if the circuit court shall enter a judgment refusing to validate and confirm the issuance of the obligations and on appeal such judgment shall be reversed by the Supreme Court, in which case the Supreme Court shall issue its mandate to the circuit court requiring it to enter a judgment validating and confirming the issuance of the obligations, the judgment of the circuit court validating and confirming the issuance of the obligations shall be forever conclusive as to the validity of such obligations against the unit issuing them and against all taxpayers and citizens thereof, and the validity of such obligations or of the tax or other means provided for their payment shall never be called in question in any court in this state.
(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §174.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 17 - Validation of County, City, etc., Obligations. › Section 6-6-756 - Marking of Validated Obligations.

Section 6-6-756
Marking of validated obligations.
Obligations validated under the provisions of this article shall have stamped or written thereon by the proper officers of such unit the words: "Validated and confirmed by judgment of the Circuit Court of … County, State of Alabama, entered on the … day of …, 19…," which shall be signed by the register or clerk of the circuit court in which the judgment was entered, and such entry shall be original evidence of said judgment in any court in this state.
(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §175.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 17 - Validation of County, City, etc., Obligations. › Section 6-6-757 - Costs.

Section 6-6-757
Costs.
The costs in any proceeding under this article shall be paid by the unit issuing such obligations.
(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §176.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 1 - Wife for Husband. › Section 6-7-1 - Prosecution or Defense of Actions in Name of Husband or Father.

Section 6-7-1
Prosecution or defense of actions in name of husband or father.
When a husband or father has deserted his family, is confined in a hospital operated by the Alabama Mental Health Department, not having been declared of unsound mind, or is imprisoned for a term of two years or more under a conviction for crime, the wife or mother may prosecute and defend in his name any action which he might have prosecuted or defended, and has the same powers and rights in reference to such action which he might have had.
(Code 1852, §2136; Code 1867, §2532; Code 1876, §2901; Code 1886, §2578; Code 1896, §16; Code 1907, §2475; Code 1923, §5684; Code 1940, T. 7, §100.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 2 - Persons in Federal Service. › Section 6-7-20 - Persons in Federal Service and Spouses Living in State Deemed Residents for Purpose of Commencing Actions.

Section 6-7-20
Persons in federal service and spouses living in state deemed residents for purpose of commencing actions.
(a) Any person in any branch or service of the government of the United States of America, including those in the military, air, and naval service, and the husband or wife of any such person, if he or she is living within the borders of the State of Alabama, shall be deemed to be a resident of the State of Alabama for the purpose of commencing any civil action in the courts of this state.
(b) This section shall be liberally construed and be given retrospective as well as prospective effect.
(Acts 1955, No. 576, p. 1253.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 3 - Bankrupts. › Section 6-7-30 - Proceedings When Defendant Involved in Bankruptcy.

Section 6-7-30
Proceedings when defendant involved in bankruptcy.
In any civil action in any court in this state in which the defendant has been adjudicated a bankrupt, in which a defendant has filed a petition in bankruptcy or against whom a petition in bankruptcy has been filed, it shall be the duty of the court in which such civil action is pending to proceed with the trial of such action, if leave to do so is granted by the bankruptcy court, and to enter judgment in accordance with the law and the evidence in the case. The court in which such civil action is pending shall also have authority, and it shall be its duty, to grant such stay of execution against such defendant as may be appropriate or as may be provided for in the order of the bankruptcy court, or to embody in the judgment entered in such case such provision as may be appropriate, or as may be provided in the order of said bankruptcy court, so as to limit the manner of enforcement of said judgment, or so as to limit the property from which such judgment may be collected or so as to limit the right of the plaintiff to the right to collect said judgment from others or another who may be liable or responsible for such judgment by virtue of a contract or arrangement or relationship with the said defendant.
(Acts 1959, 1st Ex. Sess., No. 39, p. 76.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 4 - Cotenants. › Section 6-7-40 - Action Against Cotenant or Coparcener.

Section 6-7-40
Action against cotenant or coparcener.
A joint tenant, tenant in common, or tenant in coparcenary may commence an action against his cotenant or coparcener, or personal representative for receiving more than his lawful proportion.
(Code 1923, §5685; Code 1940, T. 7, §101.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 5 - Nonconsenting Plaintiff. › Section 6-7-50 - Use of Nonconsenting Person's Name by Another Plaintiff; Nonconsenting Person's Right to Recovery.

Section 6-7-50
Use of nonconsenting person's name by another plaintiff; nonconsenting person's right to recovery.
If any person necessary to be joined as plaintiff in any action or proceeding shall, upon request, not consent to join therein, his name may, nevertheless, be used by the other party plaintiff, upon filing with the clerk of the court an obligation with good and sufficient sureties, to be approved by the judge or the clerk of the court in which the action or proceeding is to be commenced, shown by his endorsement of approval thereon, to protect, save harmless and indemnify the person whose name is so used from the payment of any costs, judgment or expenses in said action. If, however, the plaintiffs shall recover a judgment in such action or proceeding, the person so refusing to allow the use of his name shall not be entitled to receive any part thereof until he pays the expense incurred in giving the obligations, his equitable share of the costs and expenses of the litigation, including plaintiff's attorney's fees, and discharges the obligation.
(Code 1923, §5708; Code 1940, T. 7, §135.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 6 - Partnerships. › Section 6-7-70 - Commencement of Action Against Partnership in Common Name or Against Any Associates Thereof.

Section 6-7-70
Commencement of action against partnership in common name or against any associates thereof.
Two or more persons associated together as partners in any business or pursuit who transact business under a common name, whether it comprises the names of such persons or not, may be sued by their common name in all civil actions, whether hitherto denominated as legal or equitable in nature; and the judgment in the action binds the joint property of all the associates in the same manner as if all had been named defendants, had been sued upon their joint liability and served with process. Any one or more of the associates, or their legal representatives, may also be sued for the obligation of all.
(Code 1852, §2142; Code 1867, §2538; Code 1876, §2904; Code 1886, §2605; Code 1896, §40; Code 1907, §2506; Code 1923, §5722; Code 1940, T. 7, §141.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 7 - Unincorporated Associations. › Section 6-7-80 - Right to Commence Actions.

Section 6-7-80
Right to commence actions.
An action may be commenced by, and in the name of, any unincorporated organization or association.
(Acts 1921, Ex. Sess., No. 13, p. 14; Code 1923, §5723; Code 1940, T. 7, §142.)