11-42-69
Section 11-42-69 Trial and entry of judgment by circuit court; appeals from judgment of circuit
court; endorsement on map by probate judge where no appeal from judgment of probate court.
(a) If on the trial in the circuit court it be adjudged that the requisite facts did exist
subjecting the land and property having a situs thereon to taxation by the city, a judgment
shall be entered adjudging that the land and property having a situs thereon be, and the same
is, subject to taxation by the city and that the taxes thereon shall be paid to the city.
If it be adjudged that the requisite facts did not exist, a judgment shall be entered adjudging
that the land and property having a situs thereon is not subject to taxation by the city,
and the cost of appeal and of contest shall be adjudged against the losing party. (b) Either
the city or the property owner may appeal from the judgment of the circuit court to the supreme
court within the time and in the same manner as is provided by the...
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12-1-7
Section 12-1-7 Powers of courts as to preservation of order, enforcement of judgments, etc.,
generally. Every court shall have power: (1) To preserve and enforce order in its immediate
presence and as near thereto as is necessary to prevent interruption, disturbance or hindrance
to its proceedings; (2) To enforce order before a person or body empowered to conduct a judicial
investigation under its authority; (3) To compel obedience to its judgments, orders and process
and to orders of a judge out of court, in an action or proceeding therein; (4) To control,
in furtherance of justice, the conduct of its officers and all other persons connected with
a judicial proceeding before it in every matter appertaining thereto; (5) To administer oaths
in an action or proceeding pending therein and in all other cases where it may be necessary
in the exercise of its powers and duties; and (6) To amend and control its process and orders
so as to make them conformable to law and justice. (Code 1852,...
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22-9A-11
Section 22-9A-11 Court reports of adoption. (a) For each adoption decreed by a court of competent
jurisdiction in this state, the court shall require the preparation of a report of adoption
on a form prescribed and furnished by the State Registrar. The report shall indicate those
facts necessary to locate and identify the certificate of birth of the person adopted or in
the case of a person who was born in a foreign country, evidence from sources determined to
be reliable by the court as to the date and place of birth of the person. The report shall
provide information necessary to establish a new certificate of birth of the person adopted,
identify the order of adoption, and be certified by the clerk of the court. (b) Information
necessary to prepare the report of adoption shall be furnished by each petitioner for adoption
or his or her attorney. The child-placing agency or any person having knowledge of the facts
shall supply the court with additional information as may be necessary...
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34-13-31
Section 34-13-31 Appeal from decision of board. (a) Whenever, by decision, final order, or
other final determination upon any public hearing provided for by this chapter, a party to
such hearing shall feel aggrieved, an appeal may be taken to the Circuit Court of Montgomery
County, Alabama. (b) On taking and perfecting an appeal to the Circuit Court of Montgomery
County, Alabama, the court shall proceed as in other cases. (c) All appeals shall be taken
within 30 days from the date of the order entered of the board which is the basis of the appeal
and shall be granted as a matter of right and be deemed perfected by filing with the board
a bond for security of costs of the appeal. Upon filing of a verified petition and hearing
thereon, the court, in its discretion, may stay the order appealed from pending final judicial
review. No new or additional evidence may be introduced in the circuit court except as to
fraud or misconduct of some person engaged in the administration of this chapter...
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43-2-252
Section 43-2-252 Execution on money decree or judgment. When such decree or judgment is for
the recovery of money and the estate has no executor or administrator, execution shall issue
thereon in favor of the administrator ad litem for the use of the estate, and the money, when
collected, shall be paid by the officer to the judge of the probate court, or to the clerk
or register of the circuit or other court having jurisdiction, from which the execution issued.
The party against whom such decree or judgment is rendered may pay the same to such judge,
clerk or register, before the issue of execution, whose receipt to him therefor shall be a
full discharge of such decree or judgment. (Code 1876, §2626; Code 1886, §2285; Code 1896,
§354; Code 1907, §2820; Code 1923, §6059; Code 1940, T. 61, §167.)...
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43-2-517
Section 43-2-517 Appointment and compensation of special guardian. The jurisdiction of the
probate court to make partial or final settlements or distributions of the estates of decedents
is not affected by the fact that the executor or administrator making the settlement is also
guardian of any heir or distributee, devisee or legatee of the decedent; but in such case
the court must appoint a special guardian, without bond, to represent such heir or distributee,
devisee or legatee on the settlement and distribution; and, upon final settlement, any decree
to which such ward may be entitled must be rendered against the executor or administrator
in the name of the special guardian for the use of the ward; and thereafter the executor or
administrator, in the capacity of guardian, shall be accountable for such decree. The special
guardian shall be entitled to reasonable compensation for his services and for the services
of counsel properly employed to be allowed by the court and to be paid...
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43-2-709
Section 43-2-709 Appeals. (a) Any party to the proceedings to declare an estate insolvent may
appeal to the supreme court or court of civil appeals from the decree or order declaring the
estate insolvent or dismissing the report within 42 days from the rendition of such order
or decree in the manner provided by law for appeals from the probate court in other similar
or like proceedings. (b) If an appeal has been taken on a contest as to the report of insolvency,
the case must, on motion, be continued during the pendency of such appeal. (Code 1852, §1861;
Code 1867, §2210; Code 1876, §2582; Code 1886, §2252; Code 1896, §320; Code 1907, §§2764,
2765; Code 1923, §§6003, 6004; Code 1940, T. 61, §§390, 391.)...
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11-41-4
Section 11-41-4 Certification of election result to probate judge; census enumeration of inhabitants;
issuance, recordation, and filing of order of incorporation; filing fee. Within five days
after the election, the inspectors must certify the result to the judge of probate, who must,
if a majority of the votes cast at the election are for "corporation," cause an
enumeration of the inhabitants residing within such territory to be made by such inspectors
or other persons appointed by him and, within three days after such enumeration has been completed
and returned to him, shall make an order to be entered of record in the minutes of the court
that the inhabitants of such territory are incorporated as a town or city, as the case may
be, by the name and with the boundaries shown by the petition, whereupon such town or city
shall be vested with the rights and powers incident to such corporations granted in this title.
The judge of probate shall file, within 10 days after its issuance, a...
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12-24-3
Section 12-24-3 Recusal of a justice or judge due to campaign contribution; rebuttable presumption;
appeal. (a) In any civil action, on motion of a party or on its own motion, a justice or judge
shall recuse himself or herself from hearing a case if, as a result of a substantial campaign
contribution or electioneering communication made to or on behalf of the justice or judge
in the immediately preceding election by a party who has a case pending before that justice
or judge, either of the following circumstances exist: (1) A reasonable person would perceive
that the justice or judge's ability to carry out his or her judicial responsibilities with
impartiality is impaired. (2) There is a serious, objective probability of actual bias by
the justice or judge due to his or her acceptance of the campaign contribution. (b) A rebuttable
presumption arises that a justice or judge shall recuse himself or herself if a campaign contribution
made directly by a party to the judge or justice...
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26-5-8
Section 26-5-8 Final settlement generally - Filing of account and vouchers by conservator;
appointment of guardian ad litem for ward. The conservator, or his or her personal representative,
must file in the court of probate a full account of the conservatorship, accompanied by the
vouchers and verified by affidavit. Upon the filing of such account and vouchers, the court
must appoint a guardian ad litem to represent the ward if he or she be a minor or otherwise
incapacitated. (Code 1886, §2460; Code 1896, §2345; Code 1907, §4435; Code 1923, §8208;
Code 1940, T. 21, §135; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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