6-6-15
Section 6-6-15 Award - Appeals. Either party may appeal from an award under this division.
Notice of the appeal to the appropriate appellate court shall be filed within 10 days after
receipt of notice of the award and shall be filed with the clerk or register of the circuit
court where the action is pending or, if no action is pending, then in the office of the clerk
or register of the circuit court of the county where the award is made. The notice of appeal,
together with a copy of the award, signed by the arbitrators or a majority of them, shall
be delivered with the file of papers or with the submission, as the case may be, to the court
to which the award is returnable; and the clerk or register shall enter the award as the judgement
of the court. Thereafter, unless within 10 days the court shall set aside the award for one
or more of the causes specified in Section 6-6-14, the judgment shall become final and an
appeal shall lie as in other cases. In the event the award shall be set...
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13A-5-53
Section 13A-5-53 Appellate review of death sentence; scope; remand; specific determinations
to be made by court; authority of court following review. (a) In any case in which the death
penalty is imposed, in addition to reviewing the case for any error involving the conviction,
the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall
also review the propriety of the death sentence. This review shall include the determination
of whether any error adversely affecting the rights of the defendant was made in the sentence
proceedings, whether the trial court's findings concerning the aggravating and mitigating
circumstances were supported by the evidence, and whether death was the proper sentence in
the case. If the court determines that an error adversely affecting the rights of the defendant
was made in the sentence proceedings or that one or more of the trial court's findings concerning
aggravating and mitigating circumstances were not supported by the...
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17-16-62
Section 17-16-62 Appeals - Costs. On the taking of an appeal as provided in Section 17-16-61,
the appellant must give bond and security for the costs thereof to be approved by the judge
of probate or clerk of the circuit court, as the appeal may be taken from the judgment of
the judge of probate or circuit court, and the appeal bond must be certified with the record
to the appellate court, and if judgment is entered confirming the judgment of the judge of
probate or of the circuit court, the Supreme Court must render judgment against the appellant
and his or her sureties for the costs. An appeal in any and all cases suspends the execution
of the judgment or decree of the judge of probate or of the circuit court. (Code 1896, §1703;
Code 1907, §477; Code 1923, §567; Code 1940, T. 17, §253; §17-15-35; amended and renumbered
by Act 2006-570, p. 1331, §83.)...
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36-5-24
Section 36-5-24 Liability of state or county officials collecting and paying out money and
of recipients thereof under law declared unconstitutional, void, etc. When any state or county
official shall have collected or paid out any money as fees, salary or compensation for official
services rendered under any law of Alabama, general or special, which law, subsequent to such
collection or paying out, shall be declared by the Supreme Court of Alabama to be unconstitutional
or void or illegal, such officer shall not be liable either individually or on his official
bond in any civil action brought for the recovery of such money so collected or paid out,
nor shall the person to whom the same shall have been paid be liable therefor. (Acts 1921,
Ex. Sess., No. 36, p. 50; Code 1923, §2610; Code 1940, T. 41, §58.)...
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37-1-157
Section 37-1-157 Costs. If, upon the appeal of any action originating under this title, it
shall be determined by the court that the order of the commission was invalid or unreasonable
or unjust and should not be performed, the costs of said action may, in the discretion of
the court be taxed against the state or the utility or utilities involved in the action. If
on the hearing the court should find in favor of the Public Service Commission, then the costs
of the action shall be paid by the utilities by or against which the proceedings were instituted.
If costs are ordered taxed against or paid by the state, the same shall be paid upon the approval
of the trial judge, by a warrant drawn by the comptroller upon the treasurer. The costs of
the transcript certified by the Public Service Commission to the circuit court shall be taxed
as a part of the costs of the action at the same rate as transcripts from the circuit court
to the supreme court are taxed. (Code 1907, §5714; Code 1923,...
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45-20-81
Section 45-20-81 Law library. In Covington County, in each civil or quasi-civil action at law,
suit in equity, criminal, or quasi-criminal case or any other proceeding filed in, arising
in, or brought by appeal, certiorari, or otherwise in the circuit court, inferior court, or
other court in the county, including municipal courts, there shall be taxed as part of the
costs the sum of three dollars ($3). The fees taxed under this section shall be collected
as other costs in such cases are collected; and when collected by the clerk or other collecting
officers of such courts, including the register of the circuit court, shall be paid to the
treasurer or depository as herein set forth. The sums so paid over to the county treasury
or depository shall be maintained in a separate account in the county treasury or depository
designated as the county law library fund. The funds shall be expended by the judges of the
circuit court of the county for establishing, maintaining, equipping, and...
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6-6-351
Section 6-6-351 Writs of restitution or possession - Suspension upon payment of rent by defendant.
(a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure,
in cases of forcible entry or unlawful detainer, an appeal to circuit court or to appellate
court does not prevent the issue of a writ of restitution or possession unless the defendant
pays to the clerk of the district court all rents called for under the terms of the lease,
since the date of the filing of the action and continues to pay all rent that becomes due
and payable under the terms of the lease as they become due, during the pendency of the appeal,
and the sums are to be ascertained by the judge. (b) If the defendant should fail to make
any payments as they become due under subsection (a), the court shall issue a writ of restitution
or possession and the plaintiff shall be placed in full possession of the premises. (c) Upon
disposition of the appeal, the court shall direct the clerk as to...
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6-6-599
Section 6-6-599 Judgment - Dissolving corporation and excluding same from corporate rights,
etc. If it is adjudged that a corporation against which an action has been commenced under
this article has, by neglect, abuse or surrender, forfeited its corporate rights, privileges,
and franchises, judgment must be entered that the corporation be excluded from such corporate
rights, privileges, and franchises and be dissolved, and judgment for costs must be entered
against the persons claiming to be such corporation and the directors or managers thereof,
as established by the evidence. Execution shall be issued on such judgment at the expiration
of five days from the date thereof, unless the defendant or the persons claiming to be such
corporation shall, within such time, take an appeal to the supreme court. (Code 1852, §2666;
Code 1867, §3094; Code 1876, §3434; Code 1886, §3179; Code 1896, §3433; Code 1907, §5466;
Code 1923, §9945; Code 1940, T. 7, §1149.)...
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11-42-5
Section 11-42-5 Validation of certain prior annexations. Every annexation undertaken prior
to May 4, 2011, under any statutory procedure for annexation by any municipality and which
the annexation procedure has been completed, notwithstanding any irregularity or defect in
the procedure, is ratified and confirmed and given effect in all respects as if all provisions
of law relating to the annexation proceeding had been duly and legally complied with. This
section shall not apply to any annexation or attempted annexation which, prior to May 4, 2011,
has been held invalid by the Supreme Court of Alabama or by the Court of Civil Appeals of
Alabama or by a final judgment of the circuit court in the county in which the annexation
was completed and from which judgment an appeal was not taken to the Supreme Court of Alabama
or the Court of Civil Appeals of Alabama within the time provided by law for taking appeals,
or to any annexation the validity of which is an issue in a pending action...
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12-1-2
Section 12-1-2 Vesting of judicial power of state generally. The judicial power of the state
is vested exclusively in a unified judicial system which shall consist of a Supreme Court,
a Court of Criminal Appeals, a Court of Civil Appeals, a trial court of general jurisdiction
known as the circuit court, a trial court of limited jurisdiction known as the district court,
a probate court and such municipal courts as may be provided by law. The courts described
in this section shall have all authority provided by law and shall continue to have all authority
provided by rule. Except as otherwise provided by law, no moneys provided for under the provisions
of this title shall be expended unless duly appropriated by the Legislature of the State of
Alabama. (Code 1940, T. 13, §1; Acts 1975, No. 1205, p. 2384, §1-101.)...
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