Home/Alabama/Statutes/Title 12: Courts/Ch. 22: Appellate Proceedings/Art. 1: General Provisions/Div. 3: Bonds and Security for Costs on Appeal/§ 12-22-41
Alabama Statutes

§ 12-22-41 — Liability to Appellee for Taking Insufficient Surety

Alabama § 12-22-41
JurisdictionAlabama
Title 12Courts
Ch. 22Appellate Proceedings
Art. 1General Provisions
Div. 3Bonds and Security for Costs on Appeal

This text of Alabama § 12-22-41 (Liability to Appellee for Taking Insufficient Surety) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ala. Code § 12-22-41 (2026).

Text

For taking insufficient surety, the clerk, register or probate judge is liable to the appellee for the damages thereby sustained, unless the surety was generally reputed good for the amount when he was received; but the clerk, register or probate judge is not required to receive anyone as surety who refuses to answer on oath as to his sufficiency.

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Legislative History

(Code 1852, §3021; Code 1867, §3491; Code 1876, §3929; Code 1886, §3630; Code 1896, §447; Code 1907, §2880; Code 1923, §6139; Code 1940, T. 7, §800.)

Nearby Sections

15
§ 12-1-1
Effect of Rules of Supreme Court of Alabama
§ 12-1-10
Punishment by Courts for Contempt
§ 12-1-11
Appeal to Appellate Court by Attorney or Officer from Judgment of Contempt
§ 12-1-12
Grounds for Disqualification of Judges from Trial of Cases Generally
§ 12-1-13
Grounds for Disqualification of Justices of Supreme Court and Judges of Courts of Appeals from Participation in Decision of Cases
§ 12-1-14
Appointment, Powers, Compensation, Etc., of Special Judges for Circuit, District, or Probate Court
§ 12-1-14.1
Appointment of Special Judge Upon Request; Temporary Service
§ 12-1-14.2
Senior Judge Status
§ 12-1-15
Benefits to Which Judges, Officers, Employees, Etc., of Judicial Branch of Government Entitled; Uniformity of Treatment as to Benefits, Etc., of Supernumerary Justices and Judges and Retired Justices and Judges; Failure by Justice or Judge to Apply for Supernumerary or Retirement Benefits at Time of Leaving Active State Service Not to Forfeit Entitlement to Rights
§ 12-1-16
Voluntary Diminution of Compensation, Benefits, Etc., by Judges, Officers, Employees, Etc., of Judicial Branch of Government
§ 12-1-17
Reimbursement of Travel Expenses of Judges, Officers, Etc., of Appellate Courts Attending Judicial Colleges, Seminars, Etc
§ 12-1-18
Reimbursement of Travel Expenses of Circuit Judges, District Court Judges, Municipal Judges, Court-Supportive Personnel, Etc.; Effect of Failure to Attend Educational Conference, Seminar, Etc., When Attendance Ordered
§ 12-1-19
Monthly Reports of Clerks of Circuit, District and Municipal Courts as to Fines, Fees, Etc., Collected
§ 12-1-2
Vesting of Judicial Power of State Generally
§ 12-1-20
Appellate Courts, Administrative Office of Courts and Department of Court Management Authorized to Contract with Counties, Municipalities, Etc., for Offices and Other Physical Facilities for Courts
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Bluebook (online)
Alabama § 12-22-41, Counsel Stack Legal Research, https://law.counselstack.com/statute/al/12-22-41.