12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From the judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or the defendant in any case, may appeal to the court of criminal appeals in like manner as in cases of appeals for convictions of violation of the criminal laws of the state. If the appeal is taken by the municipality, it shall not be required to give surety for the cost of appeal. When taken by the defendant, he may give bail with sufficient sureties, conditioned that he will appear and abide by the judgment of the appellate court; and, failing to give bail, he must be committed to the municipal jail, but he may give such bail at any time pending the appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the undertaking of bail to surrender himself to the municipal authorities within...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-14-71.htm - 2K - Match Info - Similar pages
12-22-173
Section 12-22-173 Waiver of stayed sentence; duty of clerk; effect on appeal. In all cases where there is judgment staying sentence, at any time before the record on appeal has been forwarded to the clerk of the appellate court, the defendant, in person or by his attorney, may waive the benefit of the stayed sentence by filing in the office of the clerk of the court in which the case was tried a statement in writing to that effect, signed by himself or his attorney of record. The clerk must then enter the fact and date of such waiver of stay of sentence upon the margin of the record of the judgment and shall report said convict to the board of corrections as in cases where there is no judgment or stay of sentence, but such waiver of the stay shall not affect the appeal. (Code 1923, §3242; Code 1940, T. 15, §373.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-22-173.htm - 1K - Match Info - Similar pages
12-22-244
Section 12-22-244 Duty of defendant on bail to surrender upon affirmation of conviction or dismissal of appeal. When the defendant in a case of misdemeanor or felony is sentenced to hard labor, imprisonment or to the penitentiary, gives bail pending the appeal and the judgment of conviction is affirmed or the appeal is dismissed, he is bound by the undertaking of bail to surrender himself to the sheriff, at the county jail, within 15 days from the date of such affirmance or dismissal. If he shall fail to do so, the sheriff must endorse the bail bond forfeited, and a writ of arrest must be issued by the clerk; if not executed, another must be issued, and so on until the judgment has been executed. If the defendant is taken on such writ or if he shall surrender himself to the sheriff, the sentence must, without delay, be carried out as if no appeal had been taken. (Code 1852, §755; Code 1867, §4306; Code 1876, §4982; Code 1886, §4513; Code 1896, §4321; Code 1907, §6252; Acts 1911,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-22-244.htm - 1K - Match Info - Similar pages
12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney or other prosecuting officer or attorney may take an appeal on behalf of the state to the appropriate appellate court when, on habeas corpus, any person held in custody under a charge or conviction for crime or for extradition as a fugitive from justice from any other state is discharged from custody or when any person held in custody under an indictment by the grand jury charging him with a capital offense is admitted to bail. In all such cases the judgment must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be admitted to bail, with sufficient sureties, conditioned that he will appear before such court or officer as may be prescribed by the judge and abide the judgment entered, provided such person is charged with an offense that is bailable under the laws of this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-22-90.htm - 1K - Match Info - Similar pages
13A-11-91
Section 13A-11-91 Liability of employers, etc., for damages resulting from presence of firearms. (a) Except as provided in subsection (g) of Section 13A-11-90, an employer and the owner and/or lawful possessor of the property on which the employer is situated shall be absolutely immune from any claim, cause of action or lawsuit that may be brought by any person seeking any form of damages that are alleged to arise, directly or indirectly, as a result of any firearm brought onto the property of the employer, owner, or lawful possessor by an employee, including a firearm that is transported in an employee's privately owned motor vehicle. (b) The presence of a firearm or ammunition on an employer's property under the authority of Act 2013-283 does not, by itself, constitute the failure by the employer to provide a safe workplace. (c) For the purposes of Act 2013-283, a public or private employer, or the employer's principal, officer, director, employee, or agent, does not have a duty: (1)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-11-91.htm - 2K - Match Info - Similar pages
37-1-154
Section 37-1-154 Bond required upon appeal by utility. If the utility desires to take an appeal from the judgment of the trial court and to supersede the same, it shall give, in addition to security for costs, a bond with two or more individual sureties or one surety company, to be approved by the clerk or register of the court, which bond shall be in an amount and with the conditions to be prescribed by the judge, and the same shall be payable as prescribed by law. (Code 1907, §5710; Acts 1909, No. 26, p. 35; Code 1923, §9702; Code 1940, T. 48, §98.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-1-154.htm - 875 bytes - Match Info - Similar pages
4-6-11
Section 4-6-11 Appeals from action of administrative agency or governing body. (a) Any person aggrieved by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this chapter or any governing body of a political subdivision which is of the opinion that a decision of such an administrative agency is an improper application of airport zoning regulations of concern to such governing body or board may appeal to the circuit court of the county where such airport is located. (b) All appeals taken under this section must be taken within 10 days by filing with the agency from which the appeal is taken a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the court all the papers constituting the record upon which the action appealed from was taken. (c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/4-6-11.htm - 2K - Match Info - Similar pages
6-6-252
Section 6-6-252 Intervention by claimant of property; disposition of property. When an action is commenced for the recovery of personal property in specie under the provisions of subsection (a) of Section 6-6-250, any person claiming an interest in the property may intervene as a matter of right. Within five days after entry of the order authorizing intervention, the intervenor may make affidavit that the property sued for belongs to him and give bond in favor of the party then entitled to possession of the property pending an action, or, if neither party is then entitled to possession of the property pending an action and the property is in the custody of the sheriff, in favor of the party from whom the property was taken, the bond to be in the amount and upon the terms provided in subsection (b) of Section 6-6-250, whereupon the sheriff must deliver the property to the claimant unless, within five days after the sheriff seizes the property for delivery to the claimant, the party to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-252.htm - 1K - Match Info - Similar pages
8-1-150
Section 8-1-150 Contracts founded upon gambling consideration void; recovery of money paid or things of value delivered. (a) All contracts founded in whole or in part on a gambling consideration are void. Any person who has paid any money or delivered any thing of value lost upon any game or wager may recover such money, thing, or its value by an action commenced within six months from the time of such payment or delivery. (b) Any other person may also recover the amount of such money, thing, or its value by an action commenced within 12 months after the payment or delivery thereof for the use of the wife or, if no wife, the children or, if no children, the next of kin of the loser. (c) A judgment under either subsection (a) or (b) for the amount of money paid, thing delivered, or its value is a good defense to any action brought for such money, thing, or its value under the provisions of the other subsection. (d) A judgment recovered under the provisions of this section is a defense...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-1-150.htm - 1K - Match Info - Similar pages
15-13-131
Section 15-13-131 Proceeding in forfeiture of bail - Not cash - Conditional forfeitures order. (a) When a defendant fails to appear in court as required by the undertaking of bail and no sufficient excuse has been provided to the court prior to the hearing, the court shall order a conditional forfeiture and show cause order against the defendant and the sureties of the bail. The court shall notify defendant and sureties of the order as set out in this article. The defendant or sureties, or both, shall file a written response with the clerk of the court within 28 days of the date of service of the notice why the bond should not be forfeited. If a written response is filed within the time allowed and the court is of the opinion the written response is sufficient, the court shall set aside the conditional forfeiture. If the court is of the opinion the written response is not sufficient, the court shall set a hearing to determine whether the bond should be forfeited. The hearing shall not...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-131.htm - 3K - Match Info - Similar pages
|