Alabama § 6-6-352 Writs of Restitution or Possession - Issuance by Circuit Court

Alabama Statutes

§ 6-6-352 — Writs of Restitution or Possession - Issuance by Circuit Court

Alabama § 6-6-352

JurisdictionAlabama

Title 6Civil Practice

Ch. 6Remedies

Art. 8Forcible Entry and Unlawful Detainer

Div. 3Appeals

This text of Alabama § 6-6-352 (Writs of Restitution or Possession - Issuance by Circuit Court) 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 § 6-6-352 (2026).

Text

In the event that the plaintiff is placed in possession under a writ of restitution or possession, and on appeal the judgment is reversed and one entered for the defendant or the proceeding on appeal is quashed or dismissed, the circuit court may award a writ of restitution or possession to restore him to possession as against the plaintiff, but not as against a third party; but the issuance of the writ rests in the discretion of the appellate court, and the circuit court may, in all cases, direct writs of restitution or possession to be issued by the trial court when, in the judgment of the circuit court, such writ is proper or necessary

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In the event that the plaintiff is placed in possession under a writ of restitution or possession, and on appeal the judgment is reversed and one entered for the defendant or the proceeding on appeal is quashed or dismissed, the circuit court may award a writ of restitution or possession to restore him to possession as against the plaintiff, but not as against a third party; but the issuance of the writ rests in the discretion of the appellate court, and the circuit court may, in all cases, direct writs of restitution or possession to be issued by the trial court when, in the judgment of the circuit court, such writ is proper or necessary