12-22-6
Section 12-22-6 Judgments on applications for remedial writs. Appeals may be taken to the appropriate appellate court from the judgment of the circuit court on application for writs of certiorari, supersedeas, quo warranto, mandamus, prohibition, injunction and other remedial writs as provided by the Alabama Rules of Appellate Procedure; but such appeal shall not operate as a stay of execution unless supersedeas bond is given by the appellant pursuant to Rule 8 of the Alabama Rules of Appellate Procedure. But this section shall not be construed as to prevent the presentation of an issue upon appeal taken after a final determination of the case. (Code 1876, §3923; Code 1886, §3616; Code 1896, §431; Code 1907, §2843; Code 1923, §6085; Code 1940, T. 7, §761.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-22-6.htm - 1K - 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
35-9A-461
Section 35-9A-461 Landlord's action for eviction, rent, monetary damages, or other relief. (a) A landlord's action for eviction, rent, monetary damages, or other relief relating to a tenancy subject to this chapter shall be governed by the Alabama Rules of Civil Procedure and the Alabama Rules of Appellate Procedure except as modified by this chapter. (b) District courts and circuit courts, according to their respective established jurisdictions, shall have jurisdiction over eviction actions, and venue shall lie in the county in which the leased property is located. Eviction actions shall be entitled to precedence in scheduling over all other civil cases. (c) Service of process shall be made in accordance with the Alabama Rules of Civil Procedure. However, if a sheriff, constable, or process server is unable to serve the defendant personally, service may be had by delivering the notice to any person who is sui juris residing on the premises, or if after reasonable effort no person is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-461.htm - 5K - Match Info - Similar pages
12-2-7
Section 12-2-7 Jurisdiction and powers of court generally. The Supreme Court shall have authority: (1) To exercise appellate jurisdiction coextensive with the state, under such restrictions and regulations as are prescribed by law; but, in deciding appeals, no weight shall be given the decision of the trial judge upon the facts where the evidence is not taken orally before the judge, but in such cases the Supreme Court shall weigh the evidence and give judgment as it deems just. (2) To exercise original jurisdiction in the issue and determination of writs of quo warranto and mandamus in relation to matters in which no other court has jurisdiction. (3) To issue writs of injunction, habeas corpus, and such other remedial and original writs as are necessary to give to it a general superintendence and control of courts of inferior jurisdiction. (4) To make and promulgate rules governing the administration of all courts and rules governing practice and procedure in all courts; provided,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-2-7.htm - 2K - Match Info - Similar pages
37-1-132
Section 37-1-132 Right of appeal to supreme court. Any party may appeal to the Supreme Court of Alabama from the judgment of the Circuit Court of Montgomery County. In connection with any such appeal by a utility, if no supersedeas bond has been previously given to supersede the action or order of the commission, the utility appealing the judgment of the circuit court may supersede such judgment by filing a bond upon application, in such amount, and upon such condition, all as is provided in this subdivision. Except as otherwise provided in this subdivision, the appeal to the supreme court shall be taken in accordance with the Alabama Rules of Appellate Procedure. (Code 1907, §5687; Code 1923, §9679; Code 1940, T. 48, §90.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-1-132.htm - 1K - Match Info - Similar pages
12-19-90
Section 12-19-90 Judge of probate - Schedule of fees. (a) The following fees for service provided by the probate offices shall be charged and paid into the county treasury or to the judge of probate as may be authorized or required by law: (1) Probate of will of not more than five pages, whether contested or not, with three certified copies of letters and including final settlement when not more than 10 pages. An additional charge of $3.00 per page for wills over five pages in length and for final settlements in excess of 10 pages in length shall be made ..... $45.00 (2) Grant of letters of administration with three certified copies of letters of administration and including final settlement when not more than 10 pages (when over 10 pages an additional charge of $3.00 per page) ..... 45.00 (3) Grant of letters of guardianship or conservatorship, three certified copies ..... 20.00 (4) Partial or final settlement of guardianship or conservatorship ..... 15.00 (5) Each additional...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-19-90.htm - 8K - Match Info - Similar pages
12-2-2
Section 12-2-2 Powers of justices - Issuance of writs of certiorari and granting of injunctions. The justices of the Supreme Court shall have authority to issue writs of certiorari and to grant injunctions and stays of execution of judgment, subject to the limitations prescribed by this code and the Alabama Rules of Appellate Procedure, as judges of the circuit courts are authorized to grant the same. (Code 1852, §569; Code 1867, §661; Code 1876, §572; Code 1886, §676; Code 1896, §3827; Code 1907, §5956; Code 1923, §10277; Code 1940, T. 13, §18.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-2-2.htm - 892 bytes - Match Info - Similar pages
11-51-153
Section 11-51-153 Dissolution of injunction; reinstatement of injunction. After judgment is entered against the respondent as provided by the terms of this division, an existing injunction shall not be dissolved until the judgment and court costs taxed against the respondent are satisfied and paid in full, unless the petitioner and respondent have agreed in writing on a lesser amount necessary to satisfy the judgment and court costs, or until the respondent shall have appealed and shall have executed a supersedeas bond to stay the execution of the judgment, in the manner provided by the Alabama Rules of Appellate Procedure. All laws governing appeals from money judgments are made applicable to this division except as they may be contrary to any provision in this section. If the appeal is taken and the case reversed, the injunction existing at the time of the appeal shall automatically be reinstated without the intervention of the circuit court unless the appellate court otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-153.htm - 1K - Match Info - Similar pages
37-14-13
Section 37-14-13 Judicial determination of legality, etc., of article - Hearing; entry of judgment; appeals. At the time and place designated in said order, the judge of said circuit court shall proceed to hear and determine all questions of law and of fact in said civil action, and he shall make such order, or orders, as to the proceedings in said civil action as will best preserve and protect the interests of all parties and to enable him to enter a final judgment with the least possible delay. The final judgment shall find the facts specially and shall state separately the judge's conclusions with regard to any and all legal issues raised with regard to any of the provisions of this article and proposed purchase and sale of distribution facilities and other transactions and restrictions under this article, together with other matters raised in the complaint, and shall state the judge's conclusions of law thereon. Any citizen of the state may appear in such proceedings, either...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-13.htm - 1K - Match Info - Similar pages
37-14-38
Section 37-14-38 Validation procedure; authorization for validation of provisions of article. In order to foster and encourage the underlying policies of this article and to assure that sales and purchases of distribution facilities, and other transactions and actions authorized or allowed by this article may be conducted in good faith with a knowledge of the validity of the provisions hereof, and further, to assure that irrevocable commitments are not made in the implementation of the provisions of this article without the assurance of their legality and validity, the following judicial review process is hereby authorized and it is declared to be the legislative intent that the provisions of this statute be judicially reviewed and validated pursuant to the procedure set forth herein and that the circuit court enter a judgment in accordance with the procedure set forth herein. (1) FILING OF COMPLAINT FOR DETERMINATION AS TO LEGALITY OF PROVISIONS OF ARTICLE. - At any time subsequent to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-38.htm - 10K - Match Info - Similar pages
|