Judgment must, in like manner, be entered in favor of the defendant in execution against the sheriff or coroner, on three days’ notice, in the following cases:

(1) For failure to pay over on demand any excess of money which may remain upon a sale under execution after satisfaction thereof and of the costs, for the amount of such excess and five percent per month after demand;
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Terms Used In Alabama Code 6-6-681

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • following: means next after. See Alabama Code 1-1-1
  • month: means a calendar month. See Alabama Code 1-1-1
(2) For failing to return an execution wholly or partially satisfied, for 25 percent on the amount paid; and
(3) For failing to pay over on demand money paid or collected on an execution, the whole or any part of which is enjoined, for the amount so enjoined and five percent per month on the amount from the time of the demand.
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