§ 6-6-337 — Proceedings Upon Determination for Either Plaintiff or Defendant

Alabama § 6-6-337

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 6: Remedies
• Art. 8: Forcible Entry and Unlawful Detainer
• Div. 2: Proceedings

Text

(a) If the judge determines in favor of the plaintiff, he must record the decision and enter judgment with costs, upon which he must issue a writ of execution commanding the sheriff or the constable to restore the plaintiff to possession or place him in possession of his lands and tenements according to complaint and to levy on and sell a sufficiency of the defendant’s goods and chattels, lands and tenements to satisfy the costs of the proceedings. Successive writs may issue at any time when necessary to eject defendant or collect costs and damages, and a defendant who refuses to obey the mandate of the writ as to the possession of the property or who enters upon the premises without just cause or legal excuse after being ejected shall be guilty of resisting an officer and contempt of court and shall be punished and fined accordingly, in the discretion of the court issuing the process.
(b) If the judge determines in favor of the defendant, judgment must be entered in his favor for the costs, upon which an execution may issue as in other cases.

Legislative History

(Code 1852, §§2857, 2858; Code 1867, §§3305, 3306; Code 1876, §§3702, 3703; Code 1886, §§3387, 3388; Code 1896, §§2133, 2134; Code 1907, §§4269, 4270; Code 1923, §§8010, 8011; Code 1940, T. 7, §§973, 974.)