Alabama Code 6-6-161. Return of writ, bond and affidavit; issue made up; burden of proof
Terms Used In Alabama Code 6-6-161
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- circuit: means judicial circuit. See Alabama Code 1-1-1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Probate: Proving a will
- property: includes both real and personal property. See Alabama Code 1-1-1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
The officer making the levy must, except as otherwise provided in Sections probate court; trial in circuit court; return of execution on forfeited bond” class=”unlinked-ref” datatype=”S” sessionyear=”2020″ statecd=”AL” title=”6″>6-6-165 and attachment issued; trial in circuit court; effect of copies; forfeiture of bond” class=”unlinked-ref” datatype=”S” sessionyear=”2020″ statecd=”AL” title=”6″>6-6-166, return the writ, affidavit and bond to court to which it is returnable, when an issue must be made up between the plaintiff in the writ and the claimant, in which the former must allege that the property claimed is the property of the defendant in the writ and is liable to its satisfaction. On the trial of such issue, the burden of proof is on the plaintiff.