Alabama Code 6-6-258. Assessment of value and damages and judgment – Failure of defendant to appear and plead
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Terms Used In Alabama Code 6-6-258
- 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.
- property: includes both real and personal property. See Alabama Code 1-1-1
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Upon the defendant‘s failure to appear and plead in such case, within the time provided by law, the plaintiff may take judgment against the defendant for the property sued for; and, upon proof that defendant was in possession of the property sued for at the time of the service of the writ or at the commencement of the action, the plaintiff may also recover of the defendant the costs in the case and the value of the use of the property while in the possession of such defendant and may also have the jury to assess the value of the property sued for and have judgment thereon for the alternate value thereof as is now provided by law.