§ 6-6-263 — Compelling Restoration of Property by Execution or Attachment; Form of Writ

Alabama § 6-6-263

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 6: Remedies
• Art. 6: Detinue

Text

(a) Any party recovering specific property may compel its restoration, when practicable, by a writ of execution or by moving for an attachment.
(b) The form of the writ of attachment or execution mentioned in subsection (a) of this section may be substantially as follows, though not exclusive of any other sufficient form:
State of Alabama,
County of ________
To any lawful officer of the County of ____________:
You are hereby commanded to attach the specific personal property and deliver the same to A. B., which he recovered of C. D. on the ____ day of _____, in the _____ court of said county, and which was therein adjudged to be delivered to said A. B., to wit: (describe the property), if the same may be had; or if the said C. D. secrete or remove the said property so that it cannot be attached by you and delivered to said A. B., then you are commanded to distrain C. D. by all his real and personal estate in your county, so that thereon he does not lay hands, until he delivers to you or to A. B. the specific property mentioned above, recoverable of him by A. B., if the same may be had; but if not, then you shall cause to be made of such estate of C. D. the alternative price and value of said specific property, to wit: _____ dollars, together with _____ dollars damages for the detention, and _____ dollars costs; and if the property be delivered, you will then cause to be made only the damages for detention and costs, and make due return of this writ to this court how you have executed the same.
________________, Clerk

Legislative History

(Code 1852, §2197; Code 1867, §2598; Code 1876, §2947; Code 1886, §2723; Code 1896, §1483; Code 1907, §§3784, 3785; Code 1923, §§7395, 7396; Code 1940, T. 7, §§924, 925.)