§ 6-6-431 — Bond in Double Amount; Dissolution of Garnishment and Discharge of All Garnishees; Judgment Against Obligors

Alabama § 6-6-431

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 6: Remedies
• Art. 9: Garnishments
• Div. 4: Bond by Defendant

Text

(a) The defendant may, instead of the bond mentioned in Section 6-6-430, give bond in double the amount of the plaintiff’s demand, payable to the plaintiff, with sufficient surety, to be approved by the judge or clerk and conditioned to pay such judgment as may be entered or ascertained to exist in favor of the plaintiff and against the defendant in the case and costs of the action. Thereupon, the garnishment is dissolved and the garnishee discharged and need not answer; and, upon the trial of the case, if judgment is entered or ascertained to exist in favor of the plaintiff against the defendant, the court must also enter judgment against the obligors in the bond for the amount of such judgment, interest thereon and costs of the action.
(b) The giving of the bond authorized in this section operates to discharge all garnishees in the case, whether one or more.

Legislative History

(Code 1896, §2184; Code 1907, §4313; Code 1940, T. 7, §1008.)