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35-11-227
Section 35-11-227 Actions by employees, etc.; defense by contractor. (a) If the action
is by an employee of the contractor, or by any person who has furnished to him material for
the building or improvement, the contractor shall be a necessary party defendant thereto;
and in such action on motion of the plaintiff, the owner or proprietor may be cited to answer
under oath how much was owing by him to the contractor on his contract with such contractor,
at the time of the service on him of the notice required by Section 35-11-218; and
such answer may be controverted, and proceedings had and judgment entered as in garnishment
cases. (b) When the lien is sought to be enforced by any person other than the contractor,
it shall be the duty of the contractor to defend the action at his own expense; and after
notice of an intention to file a statement of the lien, and pending the action, the owner
or proprietor may withhold from the contractor money sufficient to cover the amount claimed,
and...
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6-6-282
Section 6-6-282 Actions by mortgagee, etc., against mortgagors, etc. If the action is
by a mortgagee or his assignee against the mortgagor, or anyone holding under him, the defendant
may plead payment of the mortgage debt or the performance of the condition of the mortgage,
or any matter which might be pleaded to a direct civil action for the recovery of the mortgage
debt, except the statute of limitations. The jury must pass upon such answers and must ascertain
the amount of the mortgage debt if any is found to exist. If the verdict is for the defendant,
judgment must be entered for him; but if the verdict ascertains an amount due on the mortgage
debt, judgment must be entered for the plaintiff for the possession of the land and the costs,
and the amount of the mortgage debt, as ascertained by the jury, must be stated in the judgment.
If, within 30 days after the entry of the judgment, the defendant shall pay to the plaintiff,
or to the clerk for his use, such debt, interest, and...
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11-30-1
Section 11-30-1 Definitions. For the purpose of this chapter the following terms shall
have the meanings subscribed to them by this section: (1) LIABILITY SELF-INSURANCE
FUND. An entity or entities, to be formed by two or more counties of Alabama for the purpose
of pooling resources and funds to self-insure such counties and/or their officers and employees
acting in the line and scope of their employment against: a. Loss for money damages which
any person or other entity is legally entitled to recover from a member county or its officers
and employees for damages suffered as a result of a claim as defined under this chapter. b.
Damage to or loss of property owned or leased by a member county. (2) MEMBER COUNTY. A county
which elects to pool its resources and funds with one or more other counties for the purpose
of forming a liability self-insurance fund. (3) CLAIM. Any claim or suit filed against a member
county for money damages which any person or other entity is legally entitled to...
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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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40-10-76
Section 40-10-76 Action for possession defeated on grounds other than that taxes were
not due. THIS SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE
JANUARY 1, 2020. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in any action
brought by the purchaser, or other person claiming under the purchaser, to recover the possession
of lands sold for taxes, a recovery is defeated on the ground that such sale was invalid for
any reason other than that the taxes were not due, the court shall forthwith, on the motion
of the plaintiff, ascertain the amount of taxes for which the lands were liable at the time
of the sale and for the payment of which they were sold, with interest thereon from the date
of sale, and the amount of such taxes on the lands, if any, as the plaintiff, or the person
under whom he claims, has, since such sale, lawfully paid or assumed by the state after its
purchase, with interest thereon from the date of such payment, the interest...
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6-5-347
Section 6-5-347 Agritourism. (a) For the purposes of this section, the following
terms shall have the following meanings: (1) AGRICULTURAL. As defined in Section 41-14-51.
(2) AGRITOURISM ACTIVITY. Any of the following, whether or not a participant provides monetary
or other valuable compensation to participate in, view, or enjoy: a. An activity at an agricultural
operation, which is not already addressed under Sections 6-5-337 or 35-15-40, including, but
not limited to, farming, ranching, historic and cultural agricultural activities, self-pick
farms, or farmers' markets, provided the agritourism professional is selling his or her own
product at a location provided to, leased to, rented to, or owned by the agritourism professional
for the purpose of selling his or her own product. b. An activity involving an animal exhibition,
show, or competition at an agricultural fair or youth livestock show, which is not already
addressed under Section 6-5-337, including, but not limited to, FFA,...
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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...
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9-17-16
Section 9-17-16 Injunctions - Issuance against board, etc. (a) No temporary restraining
order or injunction of any kind shall be granted against the board or the members thereof
or against the Attorney General or any district attorney or against any agent, employee or
representative of the board restraining the board or any of its members or any of its agents,
employees or representatives or the Attorney General or any district attorney, from enforcing
any of the provisions of this article or any rule, regulation or order made under this article,
except after due notice to the members of the board and to all other defendants and after
a hearing at which it shall be clearly shown to the court that the act done or threatened
is without sanction of law and, if enforced against the complaining party, will cause an irreparable
injury. The judgment or order of the court granting temporary injunctive relief shall state
the nature and extent of the probable invalidity of any provision of this...
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11-47-190
Section 11-47-190 When municipality liable; joint liability of other persons or corporations.
No city or town shall be liable for damages for injury done to or wrong suffered by any person
or corporation, unless such injury or wrong was done or suffered through the neglect, carelessness,
or unskillfulness of some agent, officer, or employee of the municipality engaged in work
therefor and while acting in the line of his or her duty, or unless the said injury or wrong
was done or suffered through the neglect or carelessness or failure to remedy some defect
in the streets, alleys, public ways, or buildings after the same had been called to the attention
of the council or other governing body or after the same had existed for such an unreasonable
length of time as to raise a presumption of knowledge of such defect on the part of the council
or other governing body and whenever the city or town shall be made liable for damages by
reason of the unauthorized or wrongful acts or negligence,...
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12-19-50
Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs;
issuance of execution against sheriff, etc., failing to return, levy, or collect execution
issued against plaintiff or appellant for costs. (a) The Clerk of the Supreme Court, clerks
of the courts of appeals, clerks of the circuit courts and probate judges, upon return of
an execution "no property found" against the defendant by the proper officer of
the county in which the judgment was entered, or, if the execution is from the Supreme Court
or courts of appeals, of the county from which the case was brought, may issue execution against
the plaintiff or appellant, as the case may be, for the costs actually created by the plaintiff
or appellant, but for none other, to be collected and returned as other executions. (b) Judgment
may be entered on motion in the circuit court of such county, in the name of the clerk or
probate judge issuing the execution, against the sheriff or his sureties, or either of...
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