|
43-8-73
Section 43-8-73 Procedure for making election; petition; time limit; notice and hearing; withdrawal
of demand; order of court; enforcement of order. (a) The surviving spouse may elect to take
his elective share by filing with the court and mailing or delivering to the personal representative,
if any, a petition for the elective share within six months after the date of death, or within
six months after the probate of the decedent's will, whichever limitation last expires. The
court may extend the time for election for cause shown by the surviving spouse before the
time for election has expired. (b) The surviving spouse shall give notice of the time and
place set for hearing to persons interested in the estate whose interests will be adversely
affected by the taking of the elective share. (c) The surviving spouse may withdraw his demand
for an elective share at any time before entry of a final determination by the court. (d)
After notice and hearing, the court shall determine the amount...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-73.htm - 2K - Match Info - Similar pages
6-6-740
Section 6-6-740 Judgment for failure to pay over money collected or deliver personal property
recovered in capacity as attorney. (a) Judgment may, in like manner, be summarily entered
against any attorney-at-law in this state who fails to pay over money collected by him or
deliver personal property recovered by him in that capacity, whether by an action or otherwise,
on demand made by the person entitled thereto, his agent or attorney for the amount collected
or the value of the property recovered, less the amount due the attorney for fees or compensation
for services, interest thereon, and damages at the rate of five percent a month, after such
demand, on the aggregate amount, in the circuit court of the county in which such attorney
resides or, if he has no known place of residence in this state, in the circuit court of any
county, on three days' personal notice; but such attorney may, if a doubt exists as to the
right of the person making the demand or if there is a dispute as to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-740.htm - 2K - Match Info - Similar pages
8-9-2
Section 8-9-2 Certain agreements void unless in writing. In the following cases, every agreement
is void unless such agreement or some note or memorandum thereof expressing the consideration
is in writing and subscribed by the party to be charged therewith or some other person by
him thereunto lawfully authorized in writing: (1) Every agreement which, by its terms, is
not to be performed within one year from the making thereof; (2) Every special promise by
an executor or administrator to answer damages out of his own estate; (3) Every special promise
to answer for the debt, default or miscarriage of another; (4) Every agreement, promise or
undertaking made upon consideration of marriage, except mutual promises to marry; (5) Every
contract for the sale of lands, tenements or hereditaments, or of any interest therein, except
leases for a term not longer than one year, unless the purchase money, or a portion thereof
is paid and the purchaser is put in possession of the land by the seller;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9-2.htm - 2K - Match Info - Similar pages
15-12-21
Section 15-12-21 Appointment and compensation of counsel - Trial court. (a) If it appears to
the trial court that an indigent defendant is entitled to counsel, that the indigent defendant
does not expressly waive the right to assistance of counsel, and that the indigent defendant
is not able financially or otherwise to obtain the assistance of counsel through another indigent
defense system for the circuit, the court shall appoint counsel to represent and assist the
defendant. It shall be the duty of the appointed counsel, as an officer of the court and as
a member of the bar, to represent and assist the indigent defendant to the best of his or
her ability. (b) If it appears to the trial court in a delinquency case, need of supervision
case, or other judicial proceeding in which a juvenile is a party, that the juvenile is entitled
to counsel and that the juvenile is not able financially or otherwise to obtain the assistance
of counsel or that appointed counsel is otherwise required by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-21.htm - 6K - Match Info - Similar pages
18-1A-75
Section 18-1A-75 Recording notice of pending action; amendment of complaint after notice filed;
notice of dismissal. (a) After commencement of a condemnation action, the plaintiff shall
cause a notice of the pendency of the proceedings to be recorded in the office of the probate
court in each county in which any real property described in the complaint is located. (b)
The notice shall contain: (1) The title of the action and the probate court, docket number
if available, and date of filing of the complaint; (2) A legal description of the real property
sought to be taken as described in the complaint; and (3) The name of each plaintiff and each
defendant designated in the complaint. (c) The notice shall be filed for record and indexed
in the same manner as a notice of lis pendens in other cases. (d) If after the filing of a
notice the complaint in the action is amended to enlarge the quantity of, or nature of the
interest in, the real property to be taken, or to add or substitute...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-75.htm - 1K - Match Info - Similar pages
35-4-393
Section 35-4-393 Settlement of dispute as to certain property in Mobile County conveyed to
University of South Alabama Foundation by University of South Alabama. (a) WHEREAS, on December
13, 1982, the state issued to the university a patent to certain lands in Mobile County, herein
called "the patent," covering the following described property in Mobile County,
Alabama, to wit: Beginning at Alabama West Zone Coordinates Y = 118,606.82; X = 296,291.22
which point is on or near the intersection of the North line of Section 26, Township 8 South,
Range 2 West and the East Shore line of Heron Bay, thence run North 77 degrees 54 minutes
52 seconds West a distance of 3883.84 feet to a point on the South shore line of Mon Louis
Island, (Y = 119,419.98; X = 292,493.47) thence run due South a distance of 20,071.04 feet
to coordinates Y = 99,348.94; X = 292,493.47 which point is in the Mississippi Sound, thence
run North 79 degrees - 40 minutes - 28 seconds East a distance of 7805.85 feet to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-4-393.htm - 8K - Match Info - Similar pages
40-10-141
Section 40-10-141 Lien and sale of property for unpaid installments of taxes - Procedure. The
State of Alabama shall have a lien for all unpaid partial payments as well as for taxes for
any subsequent year, and in case of the failure to pay any one of said installments together
with the taxes for any subsequent year, either or both, the Land Commissioner for and in the
name of the State of Alabama shall at his option declare all said installments due and payable
at once. In case of default in payment of any installment or of any subsequent taxes, the
Land Commissioner in the name of the state shall have a right to file a complaint to foreclose
the lien of the state, and in such suit all parties at interest shall be made parties defendant.
Such suit shall be filed in the county where the land or the major portion thereof is situated.
The court shall determine what amount, if any, of such taxes or installments are illegal,
and in its final judgment shall determine the total amount due on...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-141.htm - 2K - Match Info - Similar pages
11-99A-21
Section 11-99A-21 Failure to pay assessments. If the owner of any land within the district
fails to pay an assessment when due, time being of the essence, the board may commence proceedings
to foreclose on the land as follows: (1) The board shall send a letter, certified mail, return
receipt requested, United States first class mail to the last known address of the owner.
The address of the owner as shown in the tax assessment records of the tax assessor or revenue
commissioner for the county in which the property is located shall be sufficient. (2) The
letter shall specify that if payment is not made within 10 days of the date of the letter,
foreclosure proceedings may be commenced. (3) Any late payment received within the 10-day
period will accrue a late fee of the greater of five percent of the payment or fifty dollars
($50). (4) If payment is not made within the 10-day period, the entire assessment shall become
immediately due and payable, and the board may do either of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-99A-21.htm - 4K - Match Info - Similar pages
12-22-21
Section 12-22-21 Other orders, judgments, or decrees. Appeal from the order, judgment or decree
of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court
in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the
Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the
circuit court in such cases shall be within the time hereinafter specified: (1) From the decree,
judgment or order on a contest as to the validity of a will, to be taken within 42 days after
the determination of the contest; (2) From the decree, judgment or order on an application
claiming the right to execute a will or administer an estate, to be taken within 42 days after
the hearing and decision of such application, unless the application was denied because the
applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason
of improvidence, intemperance or want of understanding, in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-22-21.htm - 2K - Match Info - Similar pages
25-2-13
Section 25-2-13 Board of appeals - Powers and duties generally; appeals from findings as to
dangerous condition, etc., of machines, etc. (a) The functions and duties of the board of
appeals shall be as follows: (1) To hear and determine appeals under Chapter 4 of this title.
(2) To hold public hearings on proposed safety rules and regulations and amendments and repeals
thereof, and to promulgate and publish such rules and regulations and amendments and repeals
as provided in this chapter. (3) To hear and determine appeals from the finding of any officers
or employees of the Department of Labor that any machine, tool, equipment or structure is
in a dangerous condition or is not properly guarded or is dangerously placed, when the discontinuance
of the use thereof has been ordered. (b) When such appeal is taken by a person affected by
such order, no appeal shall be taken from such determination of the board of appeals, except
on questions of law or on the ground that the determination is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-2-13.htm - 4K - Match Info - Similar pages
|