reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 7 - Unincorporated Associations. › Section 6-7-81 - Commencement of Actions Against; Satisfaction of Judgment.

Section 6-7-81
Commencement of actions against; satisfaction of judgment.
(a) Actions may be commenced against, and in the name of, any unincorporated organization or association for any cause of action for or upon which the plaintiff therein may commence such an action against the members of such organization or association.
(b) Where a judgment in such action is entered in favor of the plaintiff against such organization or association, the property of such organization or association shall be liable to the satisfaction of such judgment.
(Acts 1921, Ex. Sess., No. 13, p. 14; Code 1923, §§5724, 5727; Code 1940, T. 7, §§143, 145.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 8 - Infants and Incompetents. › Section 6-7-100 - Substitution Pending an Action - Guardian for Next Friend.

Section 6-7-100
Substitution pending an action - Guardian for next friend.
If the action is not for a personal injury to the ward, whether the ward is a minor or a person of unsound mind, on the appointment of a guardian pending an action, such guardian may, on application, be substituted for the next friend, and the action must proceed in the name of the guardian for the use of the ward.
(Code 1867, §2528; Code 1876, §2895; Code 1886, §2581; Code 1896, §19; Code 1907, §2478; Code 1923, §5688; Code 1940, T. 7, §104.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 8 - Infants and Incompetents. › Section 6-7-101 - Substitution Pending an Action - Death of Ward.

Section 6-7-101
Substitution pending an action - Death of ward.
If, pending an action, a ward should die, his or her personal representative may be made the party plaintiff or, if the nature of the case requires it, his or her heirs may be made parties plaintiff upon a motion served, as provided in the Alabama Rules of Civil Procedure.
(Code 1852, §2132; Code 1867, §2526; Code 1876, §2893; Code 1886, §2582; Code 1896, §20; Code 1907, §2479; Code 1923, §5689; Code 1940, T. 7, §105.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 8 - Infants and Incompetents. › Section 6-7-102 - Actions Against Guardians of Persons of Unsound Minds.

Section 6-7-102
Actions against guardians of persons of unsound minds.
The guardian of a person of unsound mind may have an action commenced against him on any contract made by the ward, for any tort committed by him while of sound mind or for necessaries furnished him or his family before the appointment of a guardian.
(Code 1867, §2432; Code 1876, §2795; Code 1886, §2583; Code 1896, §21; Code 1907, §2480; Code 1923, §5690; Code 1940, T. 7, §106.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 8 - Infants and Incompetents. › Section 6-7-103 - Action for Improper Appointment of Guardians Ad Litem; Statute of Limitations Thereon; Liability for Suggestion of Appointment by Plaintiff, Etc.

Section 6-7-103
Action for improper appointment of guardians ad litem; statute of limitations thereon; liability for suggestion of appointment by plaintiff, etc.
(a) Any judge, register, clerk, or other officer who shall knowingly appoint any person as guardian ad litem for any infant or non compos mentis in violation of the provisions of the Alabama Rules of Civil Procedure, shall be liable to a penalty of $200, which may be recovered by such infant or non compos mentis, or his next friend suing for him, in an action in any court having jurisdiction of civil actions for such amount. Such a claim shall not be barred by the statute of limitations until after two years after the arrival of the infant at the age of 19 years or the restoration of the non compos mentis to sanity.
(b) Any plaintiff or petitioner, his attorney, or counsel, or any person for him who shall suggest or nominate a guardian ad litem in any action commenced by such plaintiff or petitioner shall be liable to the same penalty and action as provided for in subsection (a) of this section.
(Code 1907, §§4483, 4484; Code 1923, §§8257, 8258; Code 1940, T. 7, §§178, 179.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 1 - Partition Actions. › Section 6-8-1 - Trial of Title or Adverse Claim Issues.

Section 6-8-1
Trial of title or adverse claim issues.
In actions for partition of lands, either by metes and bounds or by sale for division when the same cannot be equitably partitioned among the owners, if the defendant denies the title of the plaintiff or asserts an adverse claim or title in himself, the circuit court need not dismiss the complaint, but may direct the issue as to the title of the plaintiff or as to such adverse claim or title of the defendant, to be tried as other issues of fact are triable. If neither party to the action demands a jury, the circuit court shall try such issues as to the title of plaintiff or as to such adverse claim or title of the defendant, together with the other facts or issues of the case.
(Code 1867, §3466; Code 1876, §3893; Code 1886, §3588; Code 1896, §828; Code 1907, §3205; Code 1923, §6635; Code 1940, T. 7, §326.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 2 - Funds Due Foreign Residents. › Section 6-8-20 - Payment to Consular Officer of Estate or Land Sale Funds Due Nonrepresented Foreigners.

Section 6-8-20
Payment to consular officer of estate or land sale funds due nonrepresented foreigners.
Whenever upon the settlement of an estate or upon the sale of lands for division in any court of this state it is shown that any of the heirs, distributees, or other persons entitled to share in the funds derived therefrom, whether adults or minors, are residents and subjects of a foreign country and are not represented by counsel of their own employment, the personal representative, judge of probate, clerk, or register who may have the custody of said funds shall pay over the shares of such persons to the duly accredited consular officer of such country within whose jurisdiction the said court is situated and obtain from him full acquittance therefor.
(Acts 1911, No. 523, p. 572; Code 1923, §6657; Code 1940, T. 7, §347.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 3 - Abstracts for Judicial Sales. › Section 6-8-30 - Power to Have Abstract of Title Made; Inspection Thereof by Prospective Purchasers; Costs of Abstract.

Section 6-8-30
Power to have abstract of title made; inspection thereof by prospective purchasers; costs of abstract.
(a) Whenever any court shall order the sale of any real estate or interest therein, the court shall have power to have an abstract of the title of the property to be sold to be made by some competent person or company, which said abstract shall be filed with the officer making the sale for five days before the date of the sale, and which shall be open to the inspection and examination of any prospective purchaser.
(b) The court shall fix the compensation of the person or company making such abstract, and the amount so fixed shall be a part of the cost and expenses of said sale and shall be paid out of the proceeds thereof.
(Acts 1915, No. 545, p. 611; Code 1923, §§6661, 6662; Code 1940, T. 7, §§348, 349.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 1 - General Provisions. › Section 6-8-40 - Subscribing, Taking, and Filing of Weekly Newspapers by Probate Judges.

Section 6-8-40
Subscribing, taking, and filing of weekly newspapers by probate judges.
(a) Required. The judges of the several courts of probate must subscribe for, take and file in their respective offices one copy of each weekly newspaper published in their respective counties and, as soon as practicable after the end of each year, shall cause the number of such papers for the preceding year to be well bound and shall keep the same safely in their respective offices as the property of their respective counties. The respective county commissions must allow to such officers the sums paid by them for such subscription and binding.
(b) Exceptions. The duties imposed in subsection (a) of this section shall be and remain subject to such exceptions and modifications as have heretofore or as may hereafter be provided by law with respect to particular counties, however identified.
(c) Newspaper not published in county. If in any county there is no newspaper published, such officers may take and bind the papers of any adjoining county, in which the public printing and advertising of such county may be done.
(Code 1867, §§655, 656; Code 1876, §§566, 567; Code 1886, §§670, 671; Code 1896, §§3049, 3050; Code 1907, §§5190, 5191; Code 1923, §§9268, 9269; Code 1940, T. 7, §§724, 725; Acts 1984, No. 84-289, p. 501.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 1 - General Provisions. › Section 6-8-41 - Hours of Sale.

Section 6-8-41
Hours of sale.
All public sales shall be made between the hours of 11:00 A.M. and 4:00 P.M., but in the event such sale is not completed by 4:00 P.M., the same may continue until 5:00 P.M.
(Code 1923, §9267; Code 1940, T. 7, §723.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-60 - Designation of Newspaper for Publication of Notice; Publication Requirements.

Section 6-8-60
Designation of newspaper for publication of notice; publication requirements.
(a) The party in interest or at whose instance the publication of notice is to be given by advertisement in a newspaper may designate the newspaper in which such advertisement shall be made. If the officer charged with the duty of making the advertisement disregards such designation and makes advertisement in some other paper, he or she must pay the cost thereof and shall not be entitled to reimbursement.
(b) All publications required by any law, mortgage, or other contract to be published in a newspaper must be published in any newspaper printed in the English language which has a general circulation in the county, regardless of where the paper is printed, if the principal editorial office of the newspaper is located within the county and which newspaper shall have been mailed under the publication class mailing privilege of the United States Postal Service from the post office where it is published for at least 51 weeks a year. The newspaper shall, without additional charge, also upload legal notice publications to a statewide website established and maintained by an entity having the capacity and ability to receive and upload notices from a majority of newspapers in this state. Any newspaper which also publishes a website in its own name shall also post legal notice publications on an Internet website published by the newspaper without additional charge.
Code 1876, §§553, 3970; Code 1886, §663; Code 1896, §3040; Code 1907, §5181; Code 1923, §9257; Acts 1935, No. 370, p. 791; Code 1940, T. 7, §713; Acts 1955, No. 551, p. 1207; Acts 1961, No. 566, p. 667; Acts 1963, No. 458, p. 990; Acts 1966, Ex. Sess., No. 395, p. 534; Acts 1971, 1st Ex. Sess., No. 131, p. 212; Acts 1971, 3rd Ex. Sess., No. 262, p. 4531; Act 2012-214, p. 387, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-61 - Length of Publication When Not Otherwise Provided; Exception.

Section 6-8-61
Length of publication when not otherwise provided; exception.
If the length of the publication is not otherwise prescribed, it must be for three successive weeks; provided, that the provisions of this section shall not apply to any sale held under the provisions of Section 7-9A-610.
(Code 1876, §3972; Code 1886, §664; Code 1896, §3041; Code 1907, §5182; Code 1923, §9258; Code 1940, T. 7, §714; Acts 1965, No. 549, p. 811; Act 2001-481, p. 647, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-62 - Timing and Duration of Publication; Internet Publication.

Section 6-8-62
Timing and duration of publication; Internet publication.
(a) When the notice is required to be given for a specified number of weeks, it must be given by consecutive weekly insertions for the number of weeks so specified. When the notice is of a proceeding to be had or of an act to be done on a specified day:
(1) If the publication is for one week, the insertion must be not less than six days before such day;
(2) If for two weeks, the first insertion must be at least 12 days before such day;
(3) If for three weeks, the first insertion must be at least 18 days before such day;
(4) If for four weeks, the first insertion must be at least 24 days before such day;
(5) If for five weeks, the first insertion must be at least 30 days before such day;
(6) If for six weeks, the first insertion must be at least 36 days before such day; and
(7) So on at the same rate of increase, the time to be computed as provided in Section 1-1-4.
(b) When the time is specified in days, two weeks' notice is equal to 15 days' notice; three weeks to 20 days; four weeks to 30 days; and six weeks to 40 days.
(c) A newspaper publishing a notice shall also place the notice on an Internet website operated by the newspaper, if the newspaper publishes a website, and on a statewide website established and maintained by an entity having the capacity and ability to receive and upload legal notices from the majority of newspapers in this state as a repository for the notices. Posting on the Internet shall begin on the first day of insertion and run continuously until the expiration of the specified time. All newspaper notices required pursuant to this section to be placed on the Internet shall remain valid for all purposes, and the legality of the newspaper publication shall not be affected by the failure of the newspaper for any reason to upload legal notice publications to a statewide website or to another Internet website or to accurately post the notice publication on any website.
(Code 1896, §3043; Code 1907, §5184; Code 1923, §9260; Code 1940, T. 7, §716; Act 2012-214, p. 387, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-63 - Suspension or Discontinuance of Paper Making Publication Before Publication Made or Completed.

Section 6-8-63
Suspension or discontinuance of paper making publication before publication made or completed.
If publication is commenced or is directed in a particular paper and before it is made or completed there is a suspension or discontinuance of the publishing of such paper, then the publication may be made or completed in some other newspaper published in the county. If there is no other paper published in the county, the publication may be made or completed by posting notices, for the length of time prescribed, at the courthouse door and three other public places in the county, or the publication, if so desired by any party in interest, may be made or completed in some newspaper published in an adjoining county.
(Code 1867, §§642, 643; Code 1876, §§547, 548; Code 1886, §668; Code 1896, §3047; Code 1907, §5188; Code 1923, §9264; Code 1940, T. 7, §720.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-64 - Costs of Publication - Rates; Internet Publication; Applicability of Section.

Section 6-8-64
Costs of publication - Rates; Internet publication; applicability of section.
(a) The rate charged for publication of a public notice shall not exceed the lowest classified rate paid by or published on a rate card for commercial customers for an advertisement of similar size, and frequency in the same newspapers in which the public notice appears. The lowest classified rate paid by or published on a rate card for commercial customers for such advertisements shall be calculated to also include all cash discounts, multiple insertion discounts, and any other commercial contract benefits for which the public notice also qualifies.
(b) The newspaper publishing the notice shall place the notice on its own website, if it publishes a website, and a statewide website at no additional charge to government or to the party in interest or at whose instance the publication of a legal notice is to be given. The amount charged for the notice shall include publication in the print edition of the newspaper; the newspaper's website, if it publishes one; and the statewide website.
(c) The rates established in this section shall apply to any and all legal notices, advertisements, publications, statements, or other matter of whatever kind or character required by the Constitution of Alabama, by general, local, or special law or by rules or orders of courts to be published in newspapers in this state, whether the agency required to cause the publication to be made is an individual, officer, municipality, county, the state, governmental subdivision, or any other legal entity; provided, that rates established in this section shall not apply when a local law prescribes a different rate, in which event the local law shall be applicable.
(Code 1876, §3975; Code 1886, §666; Code 1896, §3045; Code 1907, §5186; Code 1923, §9262; Code 1940, T. 7, §§718-718(2); Acts 1951, No. 723, p. 1275; Acts 1953, No. 793, p. 1086, §§1, 2; Acts 1965, No. 464, p. 664; Acts 1965, No. 465, p. 664; Acts 1971, No. 1141, p. 1964; Acts 1976, No. 306, p. 339; Acts 1985, 2nd Ex. Sess., No. 85-882, p. 138, §1; Act 2012-214, p. 387, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-65 - Costs of Publication - Affidavit That No Agreement Exists Between Officer and Publisher, etc., and That Sum Charged Is Lowest.

Section 6-8-65
Costs of publication - Affidavit that no agreement exists between officer and publisher, etc., and that sum charged is lowest.
All agreements between any officer charged with the duty of advertising legal notices in a newspaper and the printer, publisher, or manager of such paper whereby any advantage, gain, or profit is to accrue to such officer are void; and before the charge for such advertisement can be demanded or received, the officer and the printer, publisher, or manager must each make and file an affidavit that no such agreement exists. The printer, publisher, or manager must, in addition, make affidavit to the entity required to publish the legal notice that the sum charged does not exceed the lowest classified rate paid by commercial customers for an advertisement of similar size, and frequency in the same newspapers in which the public notice appears.
(Code 1867, §646; Code 1876, §551; Code 1886, §667; Code 1896, §3046; Code 1907, §5187; Code 1923, §9263; Code 1940, T. 7, §719; Act 2012-214, p. 387, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-66 - Copies of Each Issue of Paper Containing Advertisement to Be Furnished to Parties.

Section 6-8-66
Copies of each issue of paper containing advertisement to be furnished to parties.
The publisher or manager of the newspaper must send to the officer or person making the advertisement a copy of each issue of the paper containing it, and a copy of such paper must be sent by mail to the person to whom the notice is directed, if his post office address can be ascertained, by the officer or person making the advertisement, such copy to be furnished by the publisher or manager of the newspaper in addition to the copy of each issue required in this section to be furnished.
(Code 1876, §3974; Code 1886, §665; Code 1896, §3044; Code 1907, §5185; Code 1923, §9261; Code 1940, T. 7, §717.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-67 - Newspapers as Evidence of Publication.

Section 6-8-67
Newspapers as evidence of publication.
The newspapers containing the advertisement shall be received as evidence of the fact of publication.
(Code 1886, §672; Code 1896, §3051; Code 1907, §5192; Code 1923, §9270; Code 1940, T. 7, §726.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-68 - Executors, Administrators, and Guardians in Probate Court.

Section 6-8-68
Executors, administrators, and guardians in probate court.
In all cases where notice is required by law to be given to executors, administrators, and guardians in the probate court, if affidavit shall be made that such executor, administrator, or guardian has been absent from the state for more than three months last passed, such notice shall be given by publication in a newspaper published in the county where such proceedings are had for two consecutive weeks or, if there is no such paper, by posting at the courthouse door for 15 days.
(Code 1896, §3042; Code 1907, §5183; Code 1923, §9259; Code 1940, T. 7, §715.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-69 - Postponement of Sale; Publication of Original Notice.

Section 6-8-69
Postponement of sale; publication of original notice.
Whenever it becomes necessary to postpone any sale that has been advertised to occur on a certain day, the same may be postponed by the auctioneer or attorney announcing, at the time set for sale, the date to which said sale is postponed; and the original notice shall be published once again, with a statement at the bottom that said sale has been postponed and the date when it will occur.
(Code 1923, §9266; Code 1940, T. 7, §722.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-80 - Judgments.

Section 6-8-80
Judgments.
Judgments may be set off against each other by a district or circuit court on motion.
(Code 1852, §2242; Code 1867, §2644; Code 1876, §2993; Code 1886, §2680; Code 1896, §3730; Code 1907, §5861; Code 1923, §10175; Code 1940, T. 7, §353.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-81 - Debt or Liquidated Demand Due Comaker or Principal.

Section 6-8-81
Debt or liquidated demand due comaker or principal.
A comaker or surety against whom an action is commenced jointly or alone may, with the consent of his comaker or principal, counterclaim a debt or liquidated demand due from the plaintiff at the commencement of the action to such comaker or principal.
(Code 1852, §2243; Code 1867, §2645; Code 1876, §2994; Code 1886, §2681; Code 1896, §3731; Code 1907, §5862; Code 1923, §10176; Code 1940, T. 7, §354.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-82 - Exemptions - Wages of Head of Family.

Section 6-8-82
Exemptions - Wages of head of family.
The wages or hire of any head of a family in this state, not having property liable to levy and sale under execution, cannot be defeated or abated by any counterclaim of a money demand acquired by the person contracting to pay such wages by assignment or transfer, unless the parties otherwise agree in writing.
(Code 1852, §2240; Code 1867, §2642; Code 1876, §2991; Code 1886, §2678; Code 1896, §3728; Code 1907, §5858; Code 1923, §10172; Code 1940, T. 7, §350.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-83 - Exemptions - Negotiated Commercial Paper.

Section 6-8-83
Exemptions - Negotiated commercial paper.
Paper governed by the commercial law, negotiated before maturity, is not subject to counterclaim.
(Code 1852, §2244; Code 1867, §2646; Code 1876, §2995; Code 1886, §2684; Code 1896, §3733; Code 1907, §5864; Code 1923, §10178; Code 1940, T. 7, §356.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-84 - Effect of Statute of Limitations.

Section 6-8-84
Effect of statute of limitations.
When the defendant pleads a counterclaim to the plaintiff's demand, to which the plaintiff replies the statute of limitations, the defendant is nevertheless entitled to his counterclaim, where it was a legal subsisting claim at the time the right of action accrued to the plaintiff on the claim in the action.
(Code 1867, §2647; Code 1876, §2996; Code 1886, §2682; Code 1896, §3732; Code 1907, §5863; Code 1923, §10177; Code 1940, T. 7, §355.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-85 - Judgment for Defendant - Permissive Counterclaims.

Section 6-8-85
Judgment for defendant - Permissive counterclaims.
If the debt or demand permissively counterclaimed exceeds the amount of the plaintiff's demand, the amount of such excess being found by the jury or court trying the same, judgment must be entered against the plaintiff for costs and in favor of the defendant for such excess, and where there is more than one defendant and the debt or demand permissively counterclaimed belongs to only one defendant, then judgment for such excess must be entered in favor of such defendant for such excess.
(Code 1852, §2241; Code 1867, §2643; Code 1876, §2992; Code 1886, §2679; Code 1896, §3729; Code 1907, §5860; Code 1923, §10174; Code 1940, T. 7, §352.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-86 - Judgment for Defendant - Compulsory Counterclaims.

Section 6-8-86
Judgment for defendant - Compulsory counterclaims.
On a compulsory counterclaim, if the claim or demand of the defendant equals the claim or demand of the plaintiff, judgment must be entered for the defendant; if the claim or demand of the defendant exceeds the claim or demand of the plaintiff and the plaintiff is the party liable to its satisfaction, judgment must be entered against him in favor of the defendant for such excess and all costs.
(Code 1886, §2683; Code 1896, §3734; Code 1907, §5865; Code 1923, §10179; Code 1940, T. 7, §357.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 6 - Trials. › Section 6-8-100 - Answer of Tender; Judgment Thereon.

Section 6-8-100
Answer of tender; judgment thereon.
An answer of tender of money or of a thing in action must be accompanied by a delivery of the money or such thing in action to the clerk of the court. If the tender is of ponderous articles or other personal property, the answer must aver a readiness to deliver it to the plaintiff. Judgment for the defendant upon the answer vests the title to the thing tendered in the plaintiff, subject to any claim the defendant may have for his trouble in keeping it.
(Code 1852, §§2245, 2246; Code 1867, §§2648, 2649; Code 1876, §§2997, 2998; Code 1886, §2585; Code 1896, §3298; Code 1907, §5334; Code 1923, §9473; Code 1940, T. 7, §228.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 6 - Trials. › Section 6-8-101 - Litigation on Merits After Loss on Certain Defenses Not Bar to Raising of Same Defenses on Appeal.

Section 6-8-101
Litigation on merits after loss on certain defenses not bar to raising of same defenses on appeal.
A party may raise the defenses of (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, and (5) insufficiency of service of process and, losing thereon, proceed to litigate on the merits; and, losing on the merits, the party may appeal and, on appeal, attack the judgment both on the merits and on such grounds (1) through (5) as he urged below.
(Code 1852, §2255; Code 1867, §2658; Code 1876, §3007; Code 1886, §2692; Code 1896, §3305; Code 1907, §5370; Code 1923, §9517; Code 1940, T. 7, §242.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 6 - Trials. › Section 6-8-102 - Filing of Copies in Place of Missing Pleadings, Etc.

Section 6-8-102
Filing of copies in place of missing pleadings, etc.
If any of the original pleadings, motions, or other papers shall be lost, destroyed, or withheld by any person, the court may order a copy to be filed in the place of the missing original.
(Code 1852, §2268; Code 1867, §2672; Code 1876, §3022; Code 1886, §2734; Code 1896, §3310; Code 1907, §5349; Code 1923, §9488; Code 1940, T. 7, §250.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 6 - Trials. › Section 6-8-103 - Allowing Omissions in Testimony to Be Supplied.

Section 6-8-103
Allowing omissions in testimony to be supplied.
The court may, at its discretion, at any time before the conclusion of the argument, when it appears to be necessary to the due administration of justice, allow a party to supply an omission in the testimony on such terms and under such limitations as the court may prescribe.
(Code 1907, §5351; Code 1923, §9490; Code 1940, T. 7, §252.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 6 - Trials. › Section 6-8-104 - Limit of Two New Trials.

Section 6-8-104
Limit of two new trials.
No more than two new trials can be granted the same party in any cause of action.
(Code 1852, §2267; Code 1867, §2671; Code 1876, §3021; Code 1886, §2738; Code 1896, ,§3314; Code 1907, §5354; Code 1923, §9519; Code 1940, T. 7, §277.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 1 - General Provisions. › Section 6-9-2 - Right of Surety Paying Judgment or Execution.

Section 6-9-2
Right of surety paying judgment or execution.
The surety paying off such judgment or execution shall have control thereof and the same right to enforce it as the plaintiff would have had, but for the payment.
(Code 1907, §4086; Code 1923, §7801; Code 1940, T. 7, §514.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-20 - Who May Issue.

Section 6-9-20
Who may issue.
The judge of any court may frame, or cause to be issued by the clerk or register, any writ of execution or process necessary to carry into effect any lawful judgment entered in his court.
(Code 1907, §4078; Code 1923, §7794; Code 1940, T. 7, §507.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-21 - When Execution to Issue - Generally.

Section 6-9-21
When execution to issue - Generally.
Within 90 days from the entry of a judgment, the clerk or register must issue execution thereon in favor of the successful party unless otherwise directed by the court or the judge presiding at the trial of the case or by the written direction of owner of the judgment or his attorney of record. The writ must be signed by the clerk or register, and tested on the day it is issued.
(Code 1852, §2423; Code 1867, §2838; Code 1876, §3180; Code 1886, §2883; Code 1896, §1881; Code 1907, §4079; Acts 1915, No. 206, p. 270; Code 1923, §7795; Acts 1936, Ex. Sess., No. 157, p. 181; Code 1940, T. 7, §508.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-22 - When Execution to Issue - Prior to Time Prescribed.

Section 6-9-22
When execution to issue - Prior to time prescribed.
Upon the entry of judgment, execution may be issued by leave of the court before the time prescribed in the Alabama Rules of Civil Procedure for the issuing of executions, the plaintiff, his agent, or attorney showing sufficient cause therefor by affidavit; but the defendant is not prevented thereby from moving for a new trial nor deprived of any right he would otherwise have had.
(Code 1852, §2426; Code 1867, §2841; Code 1876, §3183; Code 1886, §2886; Code 1896, §1884; Code 1907, §4082; Acts 1915, No. 206, p. 270; Code 1923, §7797; Code 1940, T. 7, §510.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-23 - When Execution to Issue - Fraudulent Disposal or Removal of Property by Defendant.

Section 6-9-23
When execution to issue - Fraudulent disposal or removal of property by defendant.
After the entry of judgment and before the expiration of the time limited by the Alabama Rules of Civil Procedure, on affidavit being made and filed that the defendant is about fraudulently to dispose of or remove his property and that thereby the plaintiff will probably lose his debt, the clerk or register must issue execution against the property of the defendant.
(Code 1852, §2427; Code 1867, §2842; Code 1876, §3184; Code 1886, §2887; Code 1896, §1885; Code 1907, §4083; Acts 1915, No. 206, p. 270; Code 1923, §7798; Code 1940, T. 7, §511.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-24 - Alias Writs.

Section 6-9-24
Alias writs.
(a) More than one writ of execution may be issued at the plaintiff's cost, though the first be not returned; and when a writ of execution is returned not satisfied, or satisfied only in part, an alias writ of execution may be issued.
(b) When a judgment has been satisfied in part and an alias execution is issued, the clerk or register must endorse thereon the amount which had been previously made with the date of its collection or payment.
(Code 1852, §§2428, 2430; Code 1867, §§2843, 2845; Code 1876, §§3185, 3187; Code 1886, §§2888, 2890; Code 1896, §§1886, 1888; Code 1907, §§4087, 4089; Code 1923, §§7802, 7804; Code 1940, T. 7, §§515, 517.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-25 - Execution by Coroner or Special Coroner.

Section 6-9-25
Execution by coroner or special coroner.
When the office of sheriff is vacant and until his successor qualifies, when the sheriff is imprisoned, in cases to which he is a party, in cases in which he is interested or for any legal cause is incompetent to act, if such interest or cause appears on the face of the proceedings, the execution must be directed to, and executed by, the coroner or special coroner, as the case may be.
(Code 1852, §2429; Code 1867, §2844; Code 1876, §3186; Code 1886, §2889; Code 1896, §1887; Code 1907, §4088; Code 1923, §7803; Code 1940, T. 7, §516.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-26 - Certification of Total Court Costs and Fees to Accompany Execution.

Section 6-9-26
Certification of total court costs and fees to accompany execution.
At the foot, or on some part, of the execution, the clerk or register of such court shall certify the total amount of court costs and fees to accompany execution, but otherwise, such court costs and fees need not be itemized in, or on, executions. Without such total amount of the costs and fees being placed upon said execution, the clerk or register issuing the execution forfeits all rights to receive any costs and fees in that case.
(Code 1852, §§2425, 3061; Code 1867, §§2840, 3532; Code 1876, §§3182, 5015; Code 1886, §2885; Code 1896, §1883; Code 1907, §4081; Code 1923, §7796; Code 1940, T. 7, §509; Acts 1949, No. 276, p. 402; Acts 1963, 2nd Ex. Sess., No. 139, p. 325.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-27 - Execution Against Plaintiff for Costs.

Section 6-9-27
Execution against plaintiff for costs.
When execution against the defendant is returned "no property found," execution may issue against the plaintiff, in the name of the clerk or the register of the court, for all the costs created by him in obtaining his judgment.
(Code 1852, §2431; Code 1867, §2846; Code 1876, §3188; Code 1886, §2891; Code 1896, §1889; Code 1907, §4090; Code 1923, §7805; Code 1940, T. 7, §518.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 3 - Property Subject to Execution. › Section 6-9-40 - Real and Personal Property; Equity of Redemption Therein.

Section 6-9-40
Real and personal property; equity of redemption therein.
Executions may be levied:
(1) On real property to which the defendant has a legal title or a perfect equity, having paid the purchase money, or in which he has a vested legal interest in possession, reversion, or remainder, whether he has the entire estate or is entitled to it in common with others.
(2) On personal property of the defendant, except things in action, whether he has the absolute title thereto or the right only to the possession thereof for his own life, the life of another or any shorter period, but this does not apply to a possession acquired by a bona fide hiring of chattels.
(3) On an equity of redemption in either land or personal property. When any interest less than the absolute title is sold, the purchaser is subrogated to all the rights of the defendant and subject to all his disabilities.
(Code 1852, §2455; Code 1867, §2871; Code 1876, §3209; Code 1886, §2892; Code 1896, §1890; Code 1907, §4091; Code 1923, §7806; Code 1940, T. 7, §519.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 3 - Property Subject to Execution. › Section 6-9-41 - Growing or Ungathered Crops.

Section 6-9-41
Growing or ungathered crops.
No execution or other legal process must be levied upon a growing or ungathered crop of any description except for the purpose of enforcing liens upon such crop for rent, advances, or labor as prescribed by law.
(Code 1886, §2893; Code 1896, §1891; Code 1907, §4092; Code 1923, §7807; Code 1940, T. 7, §520.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 4 - Lien of Execution. › Section 6-9-60 - When Writ of Execution Becomes Lien.

Section 6-9-60
When writ of execution becomes lien.
A writ of execution is a lien only within the county in which it is received by the officer authorized to execute it on the lands of the defendant in such county subject to levy and sale from the time the writ is levied by him and notice of levy as provided in Section 35-4-132 is filed for record with the judge of probate of such county. Such writ is a lien upon the personal property of the defendant subject to levy and sale from the time only that the writ is levied upon such personal property.
(Code 1852, §2456; Code 1867, §2872; Code 1876, §3210; Code 1886, §2894; Code 1896, §1892; Code 1907, §4093; Code 1923, §7808; Code 1940, T. 7, §521.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 4 - Lien of Execution. › Section 6-9-61 - Destruction of Lien Upon Execution of Bond for Appeal, Etc.

Section 6-9-61
Destruction of lien upon execution of bond for appeal, etc.
The execution of a bond for an appeal by which the judgment is suspended or the execution of a bond by the defendant upon the proper officer granting an injunction, stay of execution, or restraining order destroys the lien created by the recording of the certificate of the judgment or the levy of the execution upon personal property. The clerk of the court in which such bond, injunction, stay, or restraining order is granted shall, at the request of the party filing such bond or obtaining such order, note such fact on the margin of the record where the certificate of judgment is recorded in the event such certificate has been filed in the probate office.
(Code 1852, §2458; Code 1867, §2874; Code 1876, §3212; Code 1886, §2896; Code 1896, §1894; Code 1907, §4094; Code 1923, §7809; Code 1940, T. 7, §522.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 4 - Lien of Execution. › Section 6-9-62 - Levy of Execution After Defendant's Death.

Section 6-9-62
Levy of execution after defendant's death.
A writ of execution issued and received by the sheriff during the life of the defendant may be levied after his death or an alias issued and levied within 10 years from the date of the judgment if at the time of his death there was of record, in the county where the property is, a certificate of the judgment on which the execution issued.
(Code 1852, §2459; Code 1867, §2875; Code 1876, §3213; Code 1886, §2897; Code 1896, §1895; Code 1907, §4095; Code 1923, §7810; Code 1940, T. 7, §523.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 4 - Lien of Execution. › Section 6-9-63 - Execution Where Defendant Dead.

Section 6-9-63
Execution where defendant dead.
After six months from the date of the grant of letters testamentary or of administration on the estate of any defendant, in a judgment for money, execution thereof may be had by leave of the court entering the judgment, or of the judge thereof, upon cause shown, against any property on which said judgment was a lien at the time of the death of the defendant, and a sale of such property may be made in the same manner and with the same effect as if the defendant were living. In case of the death of the defendant in a judgment for the recovery of real or personal property, execution may be had without revival in the same manner as if the defendant had not died.
(Code 1907, §4096; Code 1923, §7811; Code 1940, T. 7, §524.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-80 - Time for Execution and Return.

Section 6-9-80
Time for execution and return.
The sheriff or other officer receiving an execution must execute the writ with diligence and, if practicable, perform the mandate thereof and make return of his acts to the clerk or register, as soon as practicable and not later than 90 days from the date of the execution.
(Code 1852, §2437; Code 1867, §2852; Code 1876, §3190; Code 1886, §2899; Code 1896, §1897; Code 1907, §4098; Code 1923, §7813; Code 1940, T. 7, §526.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-81 - Indemnity Bond.

Section 6-9-81
Indemnity bond.
(a) When a reasonable doubt exists whether the personal property levied on belongs to the defendant or whether personal property alleged to be his is subject to levy and sale, the sheriff may require of the plaintiff, his agent or attorney a bond of indemnity, and if it is not given within 10 days thereafter, he may restore the property to the defendant, if levied on, or decline to levy, if one has not been made; but he may be required to levy and sell at any time thereafter on being indemnified.
(b) If any party having the prior lien refuses to give such indemnity on demand of the sheriff, the party having the next lien in order may give it and have the property sold for his benefit.
(Code 1852, §§2444, 2445; Code 1867, §§2858, 2859; Code 1876, §§3196, 3197; Code 1886, §§2905, 2906; Code 1896, §§1903, 1904; Code 1907, §§4107, 4108; Code 1923, §§7822, 7823; Code 1940, T. 7, §§533, 534.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-82 - Notice Where Levy on Real Estate.

Section 6-9-82
Notice where levy on real estate.
When the levy is on real estate, personal notice thereof must be given to the defendant or a notice thereof in writing left at his residence, if resident in the county; if not resident in the county, then by putting up a written notice at the courthouse door, and the manner of giving notice must be stated in the return.
(Code 1852, §2443; Code 1867, §2857; Code 1876, §3195; Code 1886, §2904; Code 1896, §1902; Code 1907, §4104; Code 1923, §7819; Code 1940, T. 7, §531.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-83 - Levy on Property of Principal First if Execution Against Sureties.

Section 6-9-83
Levy on property of principal first if execution against sureties.
When execution issues against two or more persons, any of whom were sureties on the contract before the judgment, the sheriff must levy on the property of the principal first, if any can be found in the county, on the application of such surety; and he may require of the surety affidavit of the fact of suretyship, which he must file with the execution.
(Code 1852, §2448; Code 1867, §2862; Code 1876, §3200; Code 1886, §2909; Code 1896, §1907; Code 1907, §4112; Code 1923, §7827; Code 1940, T. 7, §539.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-84 - Charging of Subjected Property Sold by Debtor.

Section 6-9-84
Charging of subjected property sold by debtor.
When property is subject to a lien and part of it is sold by the debtor, the part remaining in him should be first applied to the payment of the lien. If the property subject to such lien is sold in several parcels at different times, the parcels should be charged in the inverse order of their alienation.
(Code 1907, §4116; Code 1923, §7831; Code 1940, T. 7, §543.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-85 - Levy and Sale on Undivided Interest in Property.

Section 6-9-85
Levy and sale on undivided interest in property.
When a defendant in execution shall own, or be entitled to, an undivided interest in any property not exclusively in his own possession, such interest may be levied on and sold by the sheriff without taking the property into actual possession, and such sale shall vest in the purchaser all the interest of the defendant in such property.
(Code 1907, §4106; Code 1923, §7821; Code 1940, T. 7, §532.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-86 - Sale of Levied Property - Time and Place; Continuances.

Section 6-9-86
Sale of levied property - Time and place; continuances.
Lands, when levied on under execution from any court of record, must be sold on any Monday in the month at the courthouse of the county. Other property may be sold on any day, except Sunday, either at the courthouse, the residence of the defendant, the place where levied on, or the neighborhood thereof, as may be most expedient. The sale may be continued from day to day if rendered necessary by the inclemency of the weather or from inability to conclude the sale in one day.
(Code 1852, §2446; Code 1867, §2860; Code 1876, §3198; Code 1886, §2907; Code 1896, §1905; Code 1907, §4109; Code 1923, §7824; Code 1940, T. 7, §535.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-87 - Sale of Levied Property - Notice.

Section 6-9-87
Sale of levied property - Notice.
In sales of personal property, notice must be given by advertisement at the courthouse door and also by publication in a newspaper, if one is published in the county, for 10 days previous to such sale, but only one insertion in such newspaper shall be necessary. In sales of real property, the publication in such newspaper must be once a week for three successive weeks and by posting up notice for 30 days at the courthouse door previous to the sale.
(Code 1852, §2447; Code 1867, §2861; Code 1876, §3199; Code 1886, §2908; Code 1896, §1906; Code 1907, §4110; Code 1923, §7825; Code 1940, T. 7, §536.)