§ 6-6-700 — Entry of Judgment Against Clerk, Register, or Their Sureties

Judgment must, in like manner, be summarily entered against the clerk of the circuit court and his sureties, or either of them, and against the register in circuit court and his sureties, or either of them, on three days’ notice, in the following cases:
(1) In favor of the plaintiff in execution for failure to enter on the execution docket the return made upon an execution by the proper officer, within three days after the return is made, for 20 percent on the amount of the execution and interest thereon;
(2) For failing on demand to pay over money received by him on any judgment or paid into court, on a plea of tender, other plea, or by rule of court, for the sum so received by him with five percent per month on the amount from the time of the demand;
(3) For failing to notify the plaintiff, his agent, or attorney under the provisions of Section 6-9-92, which are made to apply to such clerk, of the collection of money upon judgments, for five percent per month on the amount collected, from the time when the notice should have been given, not to exceed $25 per month;
(4) For failing to issue execution as required by Section 6-9-23, within the time prescribed by law or at any time subsequent on the request of the party interested, his agent, or attorney or for failing to issue execution within five days on any bond returned forfeited and upon which execution may rightfully issue and upon any judgment remanded from the supreme court, for 20 percent on the amount of the judgment;
(5) In favor of the party entitled thereto for failing, on demand, to pay over money received by him under Rule 22, Alabama Rules of Civil Procedure, for the amount so paid and five percent damages thereon per month from the time of the demand;
(6) In favor of the state, in the circuit court held at the seat of government or of the county in which the clerk or any surety proceeded against resides, on 10 days’ notice, in the following cases:
a. For failing to issue execution for any forfeiture belonging to the state treasury within the time prescribed, for $200; and
b. For failure to pay into the State Treasury any fine, penalty, or forfeiture belonging thereto received by such clerk within one month after it was received by him, for the amount so received and 10 percent damages thereon; and
(7) In favor of the state, on three days’ notice, in the circuit court of the county of such clerk, for the neglect of the duty imposed by Section 12-17-96, for not less than $100 nor more than $500, at the discretion of the court.

Legislative History

(Code 1852, §§2616-2623, 2625, 2626; Code 1867, §§770, 3046-3054, 3056, 3057; Code 1876, §§3376-3384, 3386-3388; Code 1886, §§3116-3127; Code 1896, §§3784-3795; Code 1907, §§5920-5931; Code 1923, §§10247-10258; Code 1940, T. 7, §§602-613.)