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25-5-81
Section 25-5-81 Determination of disputed compensation claims generally. (a) Commencement of
action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee
or between the dependents of a deceased employee and the employer with respect to the right
to compensation under this article and Article 2 of this chapter, or the amount thereof, either
party may submit the controversy to the circuit court of the county which would have jurisdiction
of a civil action in tort between the parties. The controversy shall be heard and determined
by the judge who would hear and determine a civil action between the same parties arising
out of tort, and, in case there is more than one judge of the court, the controversies shall
be set and assigned for hearing under the same rules and statutes that civil actions in tort
are set and assigned. The court may hear and determine the controversies in a summary manner.
The decision of the judge hearing the same shall be conclusive and...
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11-48-39
Section 11-48-39 Appeals to circuit court from assessments - Transcript for appeal - Contents.
Upon the filing and the approval of the appeal bond, the clerk of the city or town, upon notice
thereof, shall immediately send to the clerk of the circuit court a transcript of all the
proceedings of the municipality relating to such assessment, so far as the same concerns the
property of the appellant. Such transcript shall contain a description of the property of
such party or parties, the same to be described as accurately as possible according to the
map of the city or town in common use, if there be such map, the name of the owner or owners
of such property and the amount of the assessment. (Code 1907, §1392; Code 1923, §2207;
Acts 1927, No. 639, p. 753; Code 1940, T. 37, §548.)...
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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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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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11-42-65
Section 11-42-65 Hearings on contests as to right to tax; rendition of decree as to taxation
of property. (a) As to each cause against a property owner who filed a contest, the judge
of probate may set the same for hearing at such time as he sees fit, and on the hearing shall
hear such evidence as is introduced by either the property owner or the city and shall determine
as to whether or not the facts which authorize the property to be taxed by the city under
the terms of this article did or did not exist at the time the certified resolution was passed
by the board or governing body of the city. (b) If the judge of probate decides that the requisite
facts did exist at the time of the passing of the resolution, he shall render a decree adjudging
that thereafter the land and property having a situs thereon (described in the decree) shall
be subject to taxation by the city and that taxes thereon shall thereafter be paid to the
city. If the judge of probate decides that the requisite facts...
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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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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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43-8-51
Section 43-8-51 Controversy as to advancements - Discovery of advancements. Pending administration
of an estate, on the application of the executor or administrator, or someone interested in
the estate, to the probate court where the administration is, alleging on oath that an advancement
has been made by the decedent, and that the value of such advancement is not expressed in
any conveyance or receipt, within the applicant's knowledge, or in any charge made by the
decedent, the judge of probate must issue citation to the distributee or heir alleged to have
received such advancement, requiring him, within a specified time, not less than 30 nor more
than 60 days, to report on oath a list of the property received, the time when and the value
of the same when received, or to deny on oath having received any advancement from the decedent.
If the party alleged to have received the advancement is a nonresident of the state, notice
must be given by publication once a week for three successive...
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6-5-143
Section 6-5-143 Venue; filing of complaint; application for preliminary injunction. (a) Such
action shall be commenced in the circuit court of the county in which the property is located.
(b) At or before the commencement of the action, a verified copy of the complaint alleging
the facts constituting the nuisance shall be filed in the office of the probate judge of the
county, together with a notice of the pendency of the action, containing the name of the court,
the names of the parties, the object of the action, and a brief description of the property
affected thereby. The probate judge shall be paid the usual fee for recording such lis pendens
and shall immediately record such notice. (c) After the filing of the complaint, application
for a preliminary injunction may be made to the circuit court, a judge thereof or any judge
authorized by the laws of the state to make an order for a preliminary injunction, who shall
grant a hearing thereon within 10 days thereafter. (Acts 1919, No....
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15-13-156
Section 15-13-156 Filing of lien in default cases - Release. (a) Clerks of all courts of the
state and its subdivisions may file the "lien and affidavit" form in the probate
court of the county where the property is located immediately after a final forfeiture is
ordered by any court of the State of Alabama or its subdivisions. The probate court shall
file and record it in its real property recordings and there shall be no charge to the city
or state assessed or collected. (b) In all final forfeiture cases of property bail, where
the judgment has been satisfied by the sureties or the court has set aside the final forfeiture
and the sureties liability has been discharged by law, the clerk of the court shall see that
any "lien and affidavit" form previously filed is so cancelled. The clerk may cancel
it by issuing a cancellation of the lien. The cancellation shall be in writing and filed and
recorded by the judge of probate of the county where the property is located. The probate
court...
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