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43-2-507
Section 43-2-507 Auditing of account; proof of credits. On the day appointed or any other day
to which the settlement is continued, the court must proceed to examine and audit the account;
and, on such auditing, the executor or administrator must produce satisfactory proof of the
correctness of each item on the credit side of the account which may be made by the affidavit
or oral examination of witnesses or by any other legal evidence. (Code 1852, §§1808-1810;
Code 1867, §§2143-2145; Code 1876, §§2515-2517; Code 1886, §2141; Code 1896, §209; Code
1907, §2674; Code 1923, §5907; Code 1940, T. 61, §302.)...
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6-5-284
Section 6-5-284 Instrument lost or destroyed by theft, etc.; evidence of loss, destruction
and contents; execution bond. (a) In an action commenced on a bond, note, bill of exchange,
or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is
made by the plaintiff of such loss or destruction and the contents thereof and that the same
has not been paid or otherwise discharged and accompanies the complaint, it must be received
as presumptive evidence both of the contents and loss or destruction of such instrument, unless
the defendant by answer, verified by affidavit, denies the execution of such bond, note, or
bill or the endorsement, acceptance, or the contents thereof, in which case proof of such
execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that
this section must not be so construed as to authorize an action for the recovery of bank notes
or bills issued to circulate as money and alleged to be lost or...
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31-2-132
Section 31-2-132 Regular military appropriations. The Legislature of Alabama shall appropriate
during each of its regular sessions, or during such other sessions as conditions may require,
a sufficient sum of money, based upon estimates and recommendations of the Adjutant General
and approved by the Governor, for the purpose of defraying the expenses of the Military Department
in carrying out the provisions of this chapter, and such other expenses connected with the
organization, maintenance, support, upkeep, administration, armament, training, and discipline
of the National Guard of Alabama and such other expenses of a general or special nature, as
may be to the interest and benefit of the National Guard, as the Governor may approve. Any
appropriations made by law for payment of salaries or other expenses of any agency of the
state which shall be merged or consolidated with or made a part or subdivision of the Military
Department, shall be merged with and become a part of the...
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12-20-29
Section 12-20-29 Substitution of lost, etc., papers or records in civil cases - How made -
After determination of action or proceeding. If, after the determination of any civil action
or proceeding, the original papers, or any part thereof pertaining thereto, which are not
of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such
papers should be lost, mislaid, destroyed or mutilated or if the record of any judgment or
decree of any judicial proceeding or quasi-judicial proceeding, or any part thereof, should
be lost, mislaid, destroyed or mutilated, any party in interest may, on application in writing,
stating the facts, accompanied with the substitute proposed of such lost, mislaid, destroyed
or mutilated paper or record, verified by affidavit, obtain an order of substitution. If the
adverse party is of full age, of sound mind and a resident of the state, notice of the application
and a copy thereof, accompanied with a copy of the proposed...
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41-22-13
Section 41-22-13 Rules of evidence in contested cases. In contested cases: (1) The rules of
evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed.
When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence
not admissible thereunder may be admitted (except where precluded by statute) if it is of
a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
Agencies shall give effect to the rules of privilege recognized by law. Except as hereinafter
provided, objections to evidentiary offers may be made and shall be noted in the record. Whenever
any evidence is excluded as inadmissible, all such evidence existing in written form shall
remain a part of the record as an offer of proof. The party seeking the admission of oral
testimony may make an offer of proof by means of a brief statement on the record describing
the testimony excluded. All rulings on the admissibility of...
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6-10-37
Section 6-10-37 Contest of exemption claim - Garnishment of money, choses in action or personal
property. When money, choses in action or personal property are garnished and the defendant
claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing,
verified by oath, in the court in which such proceedings are pending, accompanied by a statement
setting forth the personal property, choses in action, and money and the location and value
thereof, as required in the statement to be filed under the provisions of Section 6-10-29.
Such claim the plaintiff, in person or by his agent or attorney, may contest as in cases of
contest after declaration filed, and such contest shall be tried and determined as other contests
of claims of exemptions are tried and determined. If the defendant has notice of the garnishment,
the claim of exemption must be interposed before judgment of condemnation, but if not, such
judgment shall not operate to impair or affect his claim of...
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34-24-173
Section 34-24-173 Rules of evidence in contested cases. In contested cases: (1) The rules of
evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed.
When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence
not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably
prudent persons in the conduct of their affairs. The board shall give effect to the rules
of privilege recognized by law. Except as hereinafter provided, objections to evidentiary
offers may be made and shall be noted in the record. Whenever any evidence is excluded as
inadmissible, all such evidence existing in written form shall remain a part of the record
as an offer of proof. The party seeking the admission of oral testimony may make an offer
of proof by means of a brief statement on the record describing the testimony excluded. All
rulings on the admissibility of evidence shall be final and shall appear...
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10A-3-1.02
Section 10A-3-1.02 Definitions. As used in this chapter, the following terms shall have the
following meanings, respectively, unless the context otherwise requires: (1) ARTICLES OF INCORPORATION.
The original or restated articles of incorporation or articles of consolidation and all amendments
thereto, including articles of merger, of a domestic or foreign nonprofit corporation. The
term articles of incorporation of a nonprofit corporation constitutes its certificate of formation
as defined in Section 10A-1-1.03(7). The terms may be used interchangeably. The articles of
incorporation or certificate of formation of a nonprofit corporation, together with its bylaws,
constitute its governing documents within the meaning of Section 10A-1-1.03(40). (2) BOARD
OF DIRECTORS. The group of persons vested with the management of the affairs of the corporation
irrespective of the name by which the group is designated. The board of directors of a nonprofit
corporation is its governing authority as...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-3-1.02.htm - 2K - Match Info - Similar pages
11-51-121
Section 11-51-121 Insurance companies - Insurance companies other than fire and marine insurance
companies. (a) No license or privilege tax or other charge for the privilege of doing business
shall be imposed by any municipal corporation upon any insurance company, other than fire
and marine insurance companies, doing business therein or its agents which shall exceed for
the company and its agents the following amounts: (1) Each insurance company in cities and
towns having a population of 5,000 or less, $10.00 and $1.00 on each $100.00 and major fraction
thereof of the gross premiums, less return premiums, received during the preceding year on
policies issued during said year to citizens of said cities and towns. (2) Each such insurance
company in cities and towns having a population of over 5,000 and not over 10,000, $15.00
and $1.00 on each $100.00 and major fraction thereof on gross premiums, less return premiums,
received during the preceding year on policies issued during said...
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15-25-37
Section 15-25-37 Factors in considering trustworthiness of statement. In determining whether
a statement possesses particularized guarantees of trustworthiness under Section 15-25-32(2)b,
the court shall consider any one, but is not limited to, the following factors: (1) The child's
personal knowledge of the event; (2) The age and maturity of the child; (3) Certainty that
the statement was made, including the credibility of the person testifying about the statement;
(4) Any apparent motive the child may have to falsify or distort the event, including bias,
corruption, or coercion; (5) The timing of the child's statement; (6) Whether more than one
person heard the statement; (7) Whether the child was suffering from pain or distress when
making the statement; (8) The nature and duration of any alleged abuse; (9) Whether the child's
young age makes it unlikely that the child fabricated a statement that represents a graphic,
detailed account beyond the child's knowledge and experience;...
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