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Terms Used In Alabama Code 6-6-79

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • month: means a calendar month. See Alabama Code 1-1-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • property: includes both real and personal property. See Alabama Code 1-1-1

The sheriff and his sureties, or either of them, may be proceeded against by motion, on one day’s notice, at the instance of the plaintiff or of the defendant if the plaintiff fails in the action for any money received for the sale of perishable property and judgment entered against him, or them, for the amount and five percent a month from the time of the demand.