15-13-138
Section 15-13-138 Conditions for which it shall be mandatory for the court to set aside forfeiture.
The court shall set aside the conditional forfeiture in its entirety for the following reasons
or under the following circumstances: (1) If the sureties can show that the defendant was
hospitalized at the time he or she was to appear in court, or if the sureties can produce
sufficient evidence that the defendant was not able to attend court for reason of illness,
by producing a doctor's certificate or letter to that effect. The hospitalization may be in
or out of the State of Alabama. For the sureties to take advantage of this provision, they
shall put the court on notice that the situation exists either prior to the issuance of the
conditional forfeiture order or within 28 days after legal service of the conditional forfeiture
on the sureties. After receiving notice, the court may continue the case to a future date
it deems proper and just for the defendant to appear. If at that time...
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15-17-5
Section 15-17-5 Grounds for granting new trials; costs thereof. (a) On motion filed within
30 days from entry of judgment, a new trial may be granted for the following grounds: (1)
Irregularity in the proceedings of the court, jury or state or any order of court or abuse
of discretion by which the defendant was prevented from having a fair trial; (2) Misconduct
of the jury or state; (3) Accident or surprise which ordinary prudence could not have guarded
against; (4) That the verdict or decision is not sustained beyond a reasonable doubt or is
contrary to law; (5) Newly discovered evidence, material for the party applying, which he
could not with reasonable diligence have discovered and produced at the trial; and (6) Error
of law occurring at the trial properly preserved by the party making the application. (b)
The court, in granting new trials, may allow the same at the costs of the party applying therefor
or in the costs abiding the event of the case, or a portion of the costs, as the...
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18-4-16
Section 18-4-16 Expenses incurred from condemnation proceedings. Where a condemnation proceeding
is instituted by a state agency to acquire real property and the final judgment is that the
real property cannot be acquired by condemnation, and the proceeding is abandoned, the owner
of any right, title, or interest in real property shall be paid a sum that shall, in the opinion
of the court, reimburse the owner for his or her reasonable costs, disbursements, and expenses
including reasonable attorney, appraisal, and engineering fees, actually incurred because
of the condemnation proceedings. The award of the sums will be paid by the state agency which
sought to condemn the property. (Act 99-582, p. 1318, §17.)...
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45-14-80
Section 45-14-80 Jail Repair Fund. (a) In Clay County, in addition to all other fees, there
shall be taxed as costs the sum of three dollars ($3) in each civil or quasi-civil action
at law, suit in equity, criminal case, quasi-criminal case, proceedings on a forfeited bail
bond or proceedings on a forfeited bond given in connection with an appeal from a judgment
or conviction in any inferior or municipal court of the county, in the Circuit Court of Clay
County, or the District Court of Clay County, hereinafter filed in or arising in the Circuit
Court of Clay County, or the District Court of Clay County, or brought by appeal, certiorari,
or otherwise to the Circuit Court of Clay County, or the District Court of Clay County, which
costs shall be collected as other costs in such cases are collected by the clerk, or ex officio
clerk, of the courts or the Register of the Circuit Court of Clay County, as the case may
be. (b) Such fees, when collected by the clerks or other collection...
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45-15-80
Section 45-15-80 Collection and disposition of additional costs. (a) In Cleburne County, in
addition to all other fees there shall be taxed as costs the sum of three dollars ($3) in
each civil or quasi-civil action at law, suit in equity, criminal case, quasi-criminal case,
proceedings on a forfeited bail bond or proceedings on a forfeited bond given in connection
with an appeal from a judgment or conviction in any inferior or municipal court of the county,
in the Circuit Court of Cleburne County, or the District Court of Cleburne County, hereinafter
filed in or arising in the Circuit Court of Cleburne County, or the District Court of Cleburne
County, or brought by appeal, certiorari, or otherwise to the Circuit Court of Cleburne County,
or the District Court of Cleburne County, which costs shall be collected as other costs in
such cases are collected by the clerk, or ex officio clerk, of the courts or the register
of the Circuit Court of Cleburne County, as the case may be. (b) Such...
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12-13-17
Section 12-13-17 Liability of sheriff, deputies, etc., for failure to make money on or return
execution issued by probate court, etc. For a failure to make money on or for failing to return
any execution issued from or returnable to the probate court or for not paying over money
collected on such execution, the sheriff, coroner or other officer and his sureties are liable
to the same penalties and judgments as in like cases in the circuit court, the proceedings
to be instituted and conducted in the probate court in the same manner as in the circuit court,
either party having the right, on request, to a trial of all questions of fact by a jury,
and an appeal from the judgment entered may be taken to the circuit or Supreme Court. (Code
1852, §681; Code 1867, §806; Code 1876, §711; Code 1886, §800; Code 1896, §3379; Code
1907, §5437; Code 1923, §9599; Code 1940, T. 13, §308.)...
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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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12-1-11
Section 12-1-11 Appeal to appellate court by attorney or officer from judgment of contempt.
Any attorney or officer who is ordered to be punished for a contempt in the circuit court
may appeal to the appropriate appellate court and may stay the execution of any fine or sentence
imposed by the execution of a bond, payable to the state, with two sufficient sureties, to
be approved by the tribunal appealed from, in a penalty to be fixed by said tribunal, not
exceeding $300.00, conditioned to pay the fine and costs, in case of affirmance in whole or
in part. The appellant shall be entitled to bail in such cases upon the execution of an appearance
bond, with two or more such sureties, in the penalty of $300.00, payable to the state, conditioned
to appear in the court to which his appeal is prosecuted and to abide the result of such appeal,
which maybe approved by the sheriff or other officer in whose custody the appellant may be.
On such appeal the question shall be whether the appellant...
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12-19-25
Section 12-19-25 Applicability. (a) The increase in fees provided in this act shall in no instance
operate to increase the municipal share of the docket fees collected in municipal ordinance
cases in the district and circuit courts; any provision of the law to the contrary notwithstanding.
(b) Except for law library fees, the fees and costs prescribed in this act for circuit and
district courts shall be exclusive of all other fees and costs that are prescribed by general
law for such courts. (c) The fees and costs provided herein shall be assessed and collected
in all civil cases or proceedings filed on or after August 5, 1983 and in all criminal cases
wherein the defendant is adjudicated guilty or pleads guilty or where a bond is forfeited
and the result of the forfeiture is a final disposition case on or after August 5, 1983. (Acts
1983, No. 83-744, p. 1225, §§19-21.)...
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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...
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