Alabama § 43-2-812 Judgment Certified to Probate Court; Execution for Costs

Alabama Statutes

§ 43-2-812 — Judgment Certified to Probate Court; Execution for Costs

Alabama § 43-2-812

JurisdictionAlabama

Title 43Wills and Decedents’ Estates

Ch. 2Administration of Estates

Art. 19Insolvent Estates

Div. 6Report or Decree of Insolvency as Affecting Pending Civil Actions

This text of Alabama § 43-2-812 (Judgment Certified to Probate Court; Execution for Costs) 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 § 43-2-812 (2026).

Text

If such judgment is for the plaintiff, and it is shown to the court that such estate has been declared insolvent, an order must be made to the effect that no execution issue on such judgment, but that the same be certified to the proper probate court. Upon a certified copy of such judgment being filed as a claim against the estate, it must be allowed with the costs against such estate, unless shown to have been obtained by collusion; and when such judgment is certified, the clerk may demand of the plaintiff payment of all costs incurred in obtaining the same. If the plaintiff fails for 20 days after the judgment is so certified to pay such costs, execution may issue against him or her for the same as in other cases.

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If such judgment is for the plaintiff, and it is shown to the court that such estate has been declared insolvent, an order must be made to the effect that no execution issue on such judgment, but that the same be certified to the proper probate court. Upon a certified copy of such judgment being filed as a claim against the estate, it must be allowed with the costs against such estate, unless shown to have been obtained by collusion; and when such judgment is certified, the clerk may demand of the plaintiff payment of all costs incurred in obtaining the same. If the plaintiff fails for 20 days after the judgment is so certified to pay such costs, execution may issue against him or her for the same as in other cases.

Legislative History

(Code 1852, §1860; Code 1867, §2209; Code 1876, §2581; Code 1886, §2251; Code 1896, §319; Code 1907, §2795; Code 1923, §6034; Code 1940, T. 61, §421.)