Alabama § 43-2-151 Enforcement of Judgments, Etc., of Probate Court Against Representatives - Liability of Sureties

Alabama Statutes

§ 43-2-151 — Enforcement of Judgments, Etc., of Probate Court Against Representatives - Liability of Sureties

Alabama·Title 43 Wills and Decedents’ Estates·Ch. 2 Administration of Estates·Art. 6 Actions by and Against Executors and Administrators·Div. 2 Execution and Garnishment to Enforce Judgments and Decrees Against Personal Representatives

When an execution against an executor or administrator, issued from the probate court on any judgment, order or decree for money is returned to any regular term of such court “no property” by the sheriff of the county, such judgment, order or decree may be enforced against the executor or administrator and his or her sureties, by execution or by process of garnishment, which may issue in like cases and manner as it may issue on judgment in circuit courts and may, in like manner, be prosecuted to judgment against the garnishee.

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When an execution against an executor or administrator, issued from the probate court on any judgment, order or decree for money is returned to any regular term of such court “no property” by the sheriff of the county, such judgment, order or decree may be enforced against the executor or administrator and his or her sureties, by execution or by process of garnishment, which may issue in like cases and manner as it may issue on judgment in circuit courts and may, in like manner, be prosecuted to judgment against the garnishee.

Alabama § 43-2-151 (Enforcement of Judgments, Etc., of Probate Court Against Representatives - Liability of Sureties) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

(Code 1852, §1922; Code 1867, §2281; Code 1876, §2619; Code 1886, §2277; Code 1896, §346; Code 1907, §2813; Code 1923, §6052; Code 1940, T. 61, §129.)