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·Title 6 Civil Practice·Ch. 6 Remedies·Art. 8 Forcible Entry and Unlawful Detainer·Div. 3 Appeals

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

Alabama § 6-6-352 (Writs of Restitution or Possession - Issuance by Circuit Court) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.