43-2-620
Section 43-2-620 Orders of distribution - Generally. On the final settlement of an estate,
the court may make such orders of distribution as may be necessary, and, on the confirmation
of the same, may render a decree thereon, and the property must be delivered according to
such decree; or, if there is money only to be divided, it may render a decree in favor of
each distributee entitled to the same, for his distributive share, against the executor or
administrator. (Code 1852, §1822; Code 1867, §2158; Code 1876, §2530; Code 1886, §2161;
Code 1896, §229; Code 1907, §2710; Code 1923, §5948; Code 1940, T. 61, §350.)...
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26-5-15
Section 26-5-15 Notice of filing of annual, partial, or final settlement; finality of orders
or decrees of court as to such settlement, etc., generally; reopening of accounts. Whenever
any conservator shall file any annual, partial, or final settlement in any court having jurisdiction
thereof, the court shall, at the request of such conservator, require that notice thereof
be given in the same manner as required by law in cases of final settlements. Any order or
decree of the court on such settlement after such notice shall be final and conclusive as
to all items of receipts and disbursements and other transactions and matters shown therein
and as to all fees and compensation fixed or allowed to such conservator and attorney, and
appeals therefrom shall and must be taken in the manner provided for from any other final
decrees of such court. Thereafter, at any time prior to final settlement, the account may
be reopened by the court on motion or petition of the conservator or ward or...
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12-13-42
Section 12-13-42 Furnishing to veterans administration of copies of decrees upon settlement
by guardians of beneficiaries of administration; payment of fees therefor. At the time of
settlement, either partial or final, by a guardian of a beneficiary of the United States Veterans
Administration and upon request of counsel of such agency, it shall be the duty of the probate
judge in whose court the settlement is had and passed to furnish to the United States Veterans
Administration a certified copy of the decree of the said court on the guardian's settlement
without cost to said United States Veterans Administration. For furnishing such certified
copy the probate judge is authorized to collect from the guardian the fee now allowed by law
for furnishing a copy of such decree on settlement by a guardian. (Acts 1927, No. 91, p. 70;
Code 1940, T. 13, §284; Acts 1951, No. 32, p. 242.)...
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28-4-264
Section 28-4-264 Disposition of property seized by officer under warrant generally. When liquors
and beverages and vessels and receptacles are seized by the officer, they shall be held by
him subject to the order of the judge of the district court or the court to which the proceedings
may be carried by appeal, and, upon final judgment in accordance with the procedure prescribed
in this article, must be returned to the lawful owner or owners or be otherwise disposed of
according to law. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4752; Code
1940, T. 29, §221.)...
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12-12-70
Section 12-12-70 Right of appeal and procedure for appeals generally; dismissal for failure
to appear. (a) Civil cases. Any party may appeal from a final judgment of the district court
in a civil case by filing notice of appeal in the district court, within 14 days from the
date of the judgment or the denial of a posttrial motion, whichever is later, or, if the appeal
is to an appellate court, within the time prescribed by the Alabama Rules of Appellate Procedure
or the Alabama Rules of Juvenile Procedure where applicable, together with security for costs
as required by law or rule. (b) Criminal cases. A defendant may appeal from a final judgment
of the district court in a criminal or quasi-criminal case by filing notice of appeal within
14 days from the date of judgment or from the date of denial of a post-trial motion, whichever
is later, together with such bond as may be fixed by the court, conditioned upon the defendant's
appearance before the circuit court; provided, however, that...
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17-16-54
Section 17-16-54 Contest of election of judge of circuit or district court - Procedure generally.
If the contest is of an election to the office of judge of the circuit court or of the district
court, the party contesting must file in the office of the judge of probate of the county
of the residence of the person declared elected, a statement in writing of the grounds of
contest, verified by affidavit, as prescribed in this article, and must give good and sufficient
security for the costs of the contest, to be approved by the judge of probate. On the filing
of the statement and the giving of the security, the judge of probate must endorse thereon
an order appointing a day for the trial of the contest, not less than 30 nor more than 50
days from the day of the reception of the certified statement and fixing the place of trial,
which must be at some place in the circuit or district in which the election was held, and
where a circuit or district court is required to be held, and must...
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35-2-59
Section 35-2-59 Vacation and annulment of map or plat, etc., by circuit court - Conduct of
proceedings; entry of judgment; appeals. The proceedings for vacating and annulling such maps,
plats, surveys, roads, streets, or alleys shall be conducted in all respects as civil actions
are conducted and the circuit court may prescribe all rules and regulations for the conduct
of such proceedings which are not inconsistent with the laws of this state or rules promulgated
by the Supreme Court. Upon the final hearing of the action, the court may grant the relief
prayed in the complaint in whole or in part, or may deny such relief in whole or in part.
An appeal will lie from such judgment of the circuit court, as is authorized or provided from
other judgments of the circuit court; and upon such hearing, the appellate court may affirm,
reverse, or render such judgment or order as the trial court should have rendered. (Code 1923,
§10366; Code 1940, T. 56, §22.)...
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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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12-13-3
Section 12-13-3 When courts deemed open for granting of letters testamentary, etc., and making
of orders grantable as matter of course; limitation period for setting aside or amendment
of orders or decrees and reopening of cases. The probate court shall at all times be considered
as open, except on Saturdays, Sundays and holidays, with authority to do all things needful
in relation to granting letters testamentary or of administration or guardianship and all
matters pertaining thereto and making all other necessary orders which are grantable as a
matter of course. In all cases, any order or decree may be set aside or amended and the case
reopened within 30 days after the rendition thereof by the judge of the court in which said
decree was rendered or said order was made. (Code 1852, §673; Code 1867, §795; Code 1876,
§701; Code 1886, §794; Code 1896, §3371; Code 1907, §5129; Code 1923, §9590; Acts 1932,
Ex. Sess., No. 43, p. 52; Code 1940, T. 13, §295.)...
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12-22-24
Section 12-22-24 Bond on appeal of order removing executor or administrator. (a) No appeal
can be taken from any order of the probate court removing an executor or administrator unless
the applicant gives either a cash bond or a bond with at least two good and sufficient sureties,
payable to the probate judge and in the amount fixed by him, not less than the amount of his
bond as executor or administrator, conditioned to prosecute the appeal to effect and, until
the same is decided, faithfully to discharge his duties as such executor or administrator.
(b) If such appeal is decided against the appellant, any cash bond posted or part thereof
may be ordered forfeited for costs, or, if other than a cash bond was given, execution for
costs may issue against him and the sureties on such bond, their names being certified with
the record to the appellate court. (c) Such bond also stands as security for the faithful
discharge of his duties as such executor or administrator, from the time the...
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