18-1A-191
Section 18-1A-191 View of the property taken. (a) Upon motion of a party or its own motion,
the circuit court may direct the jury to be placed in charge of an officer of the court and
taken personally to view the property sought to be taken. Upon like motion, if the case is
tried before the circuit court without a jury, the judge presiding at the trial may view the
property. The circuit court may prescribe additional terms and conditions consistent with
this section. (b) During a view of the property by the jury, the judge presiding at the trial
shall be present and supervise the proceedings. The parties, their attorneys, engineers, and
other representatives may be present during a view by the jury or judge. (c) During a view,
only the judge presiding at the trial or person designated by the circuit court may make a
statement to the jury relating to the subject matter of the action, and any such statement
must be transcribed as a part of the record. (d) The physical characteristics of...
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22-11A-36
Section 22-11A-36 Appeal of commitment order; notice of appeal; limitations to be placed upon
liberty of person pending appeal. An appeal from an order of the probate court granting a
petition seeking to commit a person to the custody of the Alabama Department of Public Health
or such other facility as the court may order lies to the circuit court for trial de novo
unless the probate judge who granted the petition was learned in the law, in which case the
appeal lies to the Alabama Court of Civil Appeals on the record. Notice of appeal shall be
given in writing to the probate judge within five days after the respondent has received actual
notice of the granting of the petition and shall be accompanied by security for costs, to
be approved by the probate judge, unless the probate judge finds that the person sought to
be committed is indigent, in which case no security shall be required. Upon the filing of
a notice of appeal, the probate judge shall determine and enter an order setting...
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11-88-72
Section 11-88-72 Appeal from assessments to circuit court - Conduct of trial generally; when
costs of appeal and trial adjudged against authority. The said appeal may be tried on the
record without other pleadings and the court shall hear all objections of the property owners
to the said assessment and the amount thereof, shall determine whether or not such assessment
exceeds the increased value of such property by reason of the special benefits derived from
the improvement, and shall render judgment accordingly. Such appeal shall be tried by the
judge without a jury, unless a jury trial is demanded at the time of filing appeal, in which
event the appeal shall be tried by a jury as provided in common law cases. In event the court
or jury shall not sustain the assessment for the full amount, the costs of appeal and trial
in circuit court shall be adjudged against the authority. (Acts 1973, No. 826, p. 1293, §33.)...

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28-4-276
Section 28-4-276 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Authorization and procedure generally. Any party may appeal within 14
days from the date of final judgment or denial of a post-trial motion, whichever is later,
any judgment entered under the provisions of this article in any district court, such appeal
to be taken in behalf of the state to the circuit court by the district attorney by filing
a notice of appeal with the judge of the district court. (Acts 1909, No. 191, p. 63; Acts
1915, No. 2, p. 8; Code 1923, §4762; Code 1940, T. 29, §231.)...
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36-11-14
Section 36-11-14 Proceedings in circuit court - When case stands for trial; conduct of trial
generally; right to jury trial. When the information is filed in the circuit court, if the
summons is served 20 days before the day specified in the order, such case shall stand for
trial on that day; and, if the summons is served less than 20 days before the day specified
in the order, then the court shall on the day specified in the order make an order setting
another day on which the defendant shall answer the information and the case stand for trial.
The case shall have precedence and priority over all other business in such court and, shall
be proceeded with in all respects as civil actions are conducted, with the right to either
party to except to the rulings of the court and to reserve such exceptions as in civil actions.
The defendant shall be entitled to a trial by jury on any issue of fact, whenever he demands
the same. (Code 1876, §4057; Code 1886, §4829; Code 1896, §4875; Code...
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40-7-47
Section 40-7-47 Appeals - Trial. In the trial on appeal, the court shall direct or formulate
the issue to be tried and shall determine both the facts and the law, unless a jury is demanded
in writing by the taxpayer at the time of taking the appeal or within 10 days thereafter,
which demand shall be filed in the court to which the appeal is taken. (Code 1923, §6099;
Code 1940, T. 51, §77.)...
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11-48-41
Section 11-48-41 Appeals to circuit court from assessments - Conduct generally; right of jury
trial; entry of judgment and assessment of costs generally. The civil action may be tried
on the record without other pleadings, and the court shall hear all objections of the property
owners to said assessment and the amount thereof and shall determine whether or not such assessment
exceeds the increased value of such property by reason of the special benefits derived from
the improvement, and shall enter judgment accordingly. Such civil action shall be tried by
the judge without a jury, unless a jury trial is demanded at the time of filing appeal, in
which event the action shall be tried by a jury as in other civil actions. In the event the
court or jury shall not sustain the assessment for the full amount, the costs of the appeal
and trial in the circuit court shall be adjudged against the municipality. (Code 1907, §1394;
Code 1923, §2209; Acts 1927, No. 639, p. 753; Code 1940, T. 37,...
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12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial
of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney
or other prosecuting officer or attorney may take an appeal on behalf of the state to the
appropriate appellate court when, on habeas corpus, any person held in custody under a charge
or conviction for crime or for extradition as a fugitive from justice from any other state
is discharged from custody or when any person held in custody under an indictment by the grand
jury charging him with a capital offense is admitted to bail. In all such cases the judgment
must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be
admitted to bail, with sufficient sureties, conditioned that he will appear before such court
or officer as may be prescribed by the judge and abide the judgment entered, provided such
person is charged with an offense that is bailable under the laws of this...
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11-17-7
Section 11-17-7 Appeals from assessment of damages - Authorized. Any party interested in such
proceeding to locate and fix boundaries of burial places, as provided for in this chapter,
may appeal to the probate court within 30 days from the filing of such report for the purpose
only of fixing the amount of damages to the property taken or injured. (Code 1907, §92; Code
1923, §97; Code 1940, T. 12, §214.)...
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12-13-11
Section 12-13-11 Grounds for granting new trials; costs therefor. (a) On motion filed within
30 days from entry of judgment, a new trial may be granted for the following grounds: (1)
Irregularity in the proceedings of the court, jury or prevailing party, or any order of court,
or abuse of discretion, by which the party was prevented from having a fair trial. (2) Misconduct
of the jury or prevailing party. (3) Accident or surprise, which ordinary prudence could not
have guarded against. (4) Excessive or inadequate damages. (5) Error in the assessment of
the amount of recovery, whether too large or too small where the action is upon a contract
or for the injury or detention of property. (6) The verdict or decision is not sustained by
the great preponderance of the evidence or is contrary to law. (7) Newly discovered evidence,
material for the party applying, which he could not, with reasonable diligence, have discovered
and produced at the trial. (8) Error of law occurring at the trial...
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