Ala. Code
Code of Alabama

Ala. Code § 12-13-17 (2026)

Liability of Sheriff, Deputies, Etc., for Failure to Make Money on or Return Execution Issued by Probate Court, Etc.

✓ official Alabama Legislature (ALISON) text, current July 2026
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For a failure to make money on or for failing to return any execution issued from or returnable to the probate court or for not paying over money collected on such execution, the sheriff, coroner or other officer and his sureties are liable to the same penalties and judgments as in like cases in the circuit court, the proceedings to be instituted and conducted in the probate court in the same manner as in the circuit court, either party having the right, on request, to a trial of all questions of fact by a jury, and an appeal from the judgment entered may be taken to the circuit or Supreme Court.

(Code 1852, §681; Code 1867, §806; Code 1876, §711; Code 1886, §800; Code 1896, §3379; Code 1907, §5437; Code 1923, §9599; Code 1940, T. 13, §308.)

Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: Pate v. City of Tuscaloosa, 145 So. 3d 733 (Ala. 2013).
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Pate v. City of Tuscaloosa, 145 So. 3d 733 (Ala. 2013). “Smith to sit specially on this case pursuant to § 12-13-17, Ala.Code 1975. Judge Welch, Judge Joiner, and Special Judge Smith concurred in affirming the menacing conviction.”
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