12-22-24
Section 12-22-24 Bond on appeal of order removing executor or administrator. (a) No appeal
can be taken from any order of the probate court removing an executor or administrator unless
the applicant gives either a cash bond or a bond with at least two good and sufficient sureties,
payable to the probate judge and in the amount fixed by him, not less than the amount of his
bond as executor or administrator, conditioned to prosecute the appeal to effect and, until
the same is decided, faithfully to discharge his duties as such executor or administrator.
(b) If such appeal is decided against the appellant, any cash bond posted or part thereof
may be ordered forfeited for costs, or, if other than a cash bond was given, execution for
costs may issue against him and the sureties on such bond, their names being certified with
the record to the appellate court. (c) Such bond also stands as security for the faithful
discharge of his duties as such executor or administrator, from the time the...
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35-6-124
Section 35-6-124 Appeals. Any of the parties, within 10 days thereafter, may appeal to the
circuit or Supreme Court from the decree of partition or sale, or from a decree confirming
or setting aside the commissioners' report, under the regulations governing appeals in other
cases from decrees of the probate court to the circuit or Supreme Court; and such decree may
be superseded pending the appeal by the appellant, on giving bond in double the amount of
the value of the interests of the other parties in the crops, with sufficient surety, to be
approved by the judge of probate, and with condition to have the crops forthcoming to abide
the decree to be finally rendered in the cause, and in the event of his failure to do so,
to pay all costs and damages arising therefrom. (Code 1876, §3530; Code 1886, §3279; Code
1896, §3204; Code 1907, §5250; Code 1923, §9354; Code 1940, T. 47, §247.)...
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36-12-21
Section 36-12-21 Proceedings for recovery of papers, property, etc., by successor to office
generally - Filing of complaint; issuance of order to person refusing, etc., to deliver papers,
etc., to show cause why delivery of same should not be compelled. If any person refuses or
neglects, after demand made, to deliver over any books, papers or property as required in
Section 36-12-20, his successor may make complaint thereof to the judge of the circuit court
or judge of the probate court of the county in which the person refusing resides; and, if
such officer is satisfied by the oath of the plaintiff and such other evidence as may be offered
that any such books, papers or property are withheld, he shall grant an order requiring the
person so refusing to show cause before him, on a day and at a place named in such order,
why he should not be compelled to deliver the same. (Code 1852, §155; Code 1867, §194; Code
1876, §207; Code 1886, §302; Code 1896, §3134; Code 1907, §1550; Code...
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36-14-13
Section 36-14-13 Acts and resolutions of Legislature - Distribution of additional copies, and
sale of surplus copies; electronic distribution. (a) The Secretary of State must also transmit
to the chair of the county commission and the judges of probate of each county, for such judge,
each member of the Legislature, clerk of any court of record, sheriff, and register of the
circuit court, one copy of each volume. The remaining copies must be sold as other books and
documents, the property of the state, at a price to be established by the Secretary of State,
and the proceeds thereof paid into the Treasury. (b)(1) In lieu of binding and distributing
copies of each volume of acts and resolutions as required under subsection (a), the distribution
may be made by electronic means, including the posting of the acts and resolutions on the
public website of the Secretary of State. (2) If the Secretary of State elects to distribute
copies of each volume of acts and resolutions by electronic means...
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40-7-46
Section 40-7-46 Appeals - Notice. Any taxpayer desiring to appeal under Section 40-7-45 shall
file with the officer, board, or commission, or some member thereof, a notice in writing that
he appeals to the circuit court, together with a bond in the sum of $100, with at least one
solvent surety, payable to the State of Alabama, conditioned to prosecute such appeal to effect
and, upon failure so to do, to pay all costs and damages which may be adjudged against him
by the circuit court on such appeal; the bond to be approved by the probate judge or circuit
clerk of the county. (Code 1923, §6097; Code 1940, T. 51, §75.)...
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45-45-201.14
Section 45-45-201.14 Election to come under part; resolution. This part shall become effective
in Madison County only upon a writing subscribed to by the judge of probate, the tax assessor,
and the tax collector requesting to come under this part and upon the adoption of a resolution
by a majority vote of the board of revenue, court of county commissioners, or other like governing
body of the county, wherein the county elects to come under this part. The resolution, together
with the proceedings had in connection with the passage thereof, shall be entered in the minute
book of the county governing body and copies of the resolution, duly certified to by the chair
or presiding officer of the county governing body, shall be forthwith forwarded by the chair
or presiding officer of the county governing body to the State Department of Revenue, the
State Department of Finance, the Comptroller, and to the judge of probate, tax assessor, and
tax collector of the county, and copy of the...
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11-42-61
Section 11-42-61 Notice of passage of resolution and hearing for property owners to show cause
why property should not be subject to taxation. The mayor or other governing head of the city,
within five days of the time he files the certified copy of such resolution with map attached
as provided in section 11-42-60, shall give notice by publication once a week for three sucessive
weeks in some newspaper published in the city to the person or persons owning the land described
in the resolution of the passing of the resolution by the council or governing body, and shall
further state in said notice that a certified copy of the resolution with map attached is
on file in the office of the judge of probate of the county, and shall cite the property owner
or owners (without naming them) to appear before the judge of probate of said county on a
day fixed in the notice, which must not be less than 30 days from the first publication of
the notice, to show cause, if any, why said land or any part...
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22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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42-2-9
Section 42-2-9 Appeal from assessment of damages. Either party may appeal from the assessment
of damages and compensation by the commissioners to the circuit court of the county within
30 days after the making of the order of condemnation, upon the report of the commissioners,
by filing in the court rendering the judgment a written notice of appeal, a copy of which
shall be served on the opposite party, and on such appeal the trial shall be de novo. No appeal
shall suspend the judgment if the applicant shall pay into court in money the amount of damages
assessed and give bond in double the amount so assessed, with good and sufficient surety,
to be approved by the judge of probate, to pay such damages as the owner may sustain. (Code
1907, §2423; Code 1923, §3157; Code 1940, T. 59, §13.)...
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43-2-354
Section 43-2-354 Notice and hearing; judgment; costs; appeals. The personal representative
of the estate of a decedent may give notice in writing to the claimant or anyone having a
beneficial interest in a claim against the estate that such claim is disputed in whole or
in part; if in part, specifying the part disputed. Thereupon the judge of the court having
jurisdiction of the administration of the estate shall, on written application of either the
personal representative or the claimant, hear and pass on the validity of such claim, or part
thereof, first giving 10 days' notice of such hearing to the interested parties. If the claimant
in such proceeding shall fail to recover upon the disputed part of such claim, he shall be
taxed with the costs thereof. This section shall not apply to claims against estates declared
insolvent. If the judgment on any such claim is rendered by a probate court, either party
may, within 30 days after the rendition of such judgment, appeal to the circuit...
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