15-13-139
Section 15-13-139 Remission after final judgment of forfeiture. In forfeiture cases
where the sureties have paid the amount of the forfeiture into the court or in cases where
the forfeiture has been made final or absolute and there is no further litigation pending
on the forfeiture, and the surety locates the defendant and causes the return of the defendant
to the custody of the court where the bond was forfeited, and if the defendant was substantially
procured by actions of the surety, and the administration of justice has not been thwarted
nor the successful prosecution of the defendant has been affected, then the court which ordered
the forfeiture, shall have full power and jurisdiction in all proceedings conducted pursuant
to this article and within a period of six months from the date of issuance of any final forfeiture
judgment, to consider any costs to the state or its subdivisions which resulted as a cause
of the default, if any, and upon giving consideration thereto, may, in...
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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...
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28-4-288
Section 28-4-288 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending appeal; proceedings upon failure of bondsmen to deliver said vehicle, etc.,
upon affirmance of judgment upon appeal, etc. Whenever a conveyance, vehicle of any kind or
animal used in drawing the same is seized by an officer of the state under the prohibition
laws of this state and has been condemned by the circuit court that tried the action, the
defendant in the proceedings or the claimant of the property, pending an appeal to the Supreme
Court or Court of Civil Appeals, may, upon motion, have the court immediately appraise the
value of said property and of the several items separately and shall have the right to execute
a bond with two good sureties in double the appraised value of such property or of any item
or items thereof, to be approved by the clerk or register of the circuit court, conditioned,
in the event the appeal is affirmed or reversed and the conveyance, vehicle,...
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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...
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28-4-287
Section 28-4-287 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending condemnation action; proceedings upon failure of defendant or claimant to deliver
said vehicle, etc., upon entry of judgment of condemnation. Whenever a conveyance, vehicle
of any kind or animal used in drawing the same is seized by an officer of the state under
the prohibition laws of this state, the defendant in the proceedings or the claimant of the
property shall have the right to execute a bond in double the value of such property or of
any item thereof, with good and sufficient surety, to be approved by the sheriff or the register
or clerk of the circuit court and conditioned, in the event the said property is condemned,
to deliver the same to the sheriff within 15 days from the date of such judgment of condemnation
and to pay any difference between the value of said property at the time of the seizure and
the time of the delivery to the sheriff after condemnation, such...
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11-81-223
Section 11-81-223 Hearing and entry of judgment; appeals from judgment of circuit court.
At the time and place designated in said order, the judge of said circuit court shall proceed
to hear and determine all questions of law and of fact in said civil action, and he shall
make such orders as to the proceedings in said civil action and adjournments as will best
conserve the interests of all parties and enable him to enter a final judgment with the least
possible delay. The final judgment shall find the facts specially and shall state separately
the judge's conclusions of law thereon. Any taxpayer or citizen of each organizing subdivision
may appear in such proceedings either personally or by attorney, and any party thereto, whether
petitioner, defendant or intervenor, dissatisfied with the judgment of the court, may appeal
therefrom to the Alabama Supreme Court in accordance with the Alabama Rules of Appellate Procedure.
Such appeal shall take priority in the Supreme Court over all...
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30-4-63
Section 30-4-63 Proceedings upon violation of terms of support order or probation bond.
If at any time the judge of the juvenile court is satisfied, by sufficient proof upon due
notice and hearing, that the defendant has violated the terms of any such order of support
or the terms of any such probation bond, said judge may forthwith, or after further probation,
make and enter an order setting aside such suspension of said judgment and sentence, and may
issue a warrant for the arrest of such defendant, and may, upon such arrest, commit him to
jail or to the sheriff of such county, to serve such sentence, as if same had never been suspended.
Said judge, in such contingency, shall have the right and authority, whether said defendant
is allowed further probation or not, to declare said bond or recognizance forfeited, and the
sum or sums recovered thereon shall be paid to the clerk of the juvenile court for the use
of defendant's wife or children, or both, in the same manner as other money...
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37-14-13
Section 37-14-13 Judicial determination of legality, etc., of article - Hearing; entry
of judgment; appeals. At the time and place designated in said order, the judge of said circuit
court shall proceed to hear and determine all questions of law and of fact in said civil action,
and he shall make such order, or orders, as to the proceedings in said civil action as will
best preserve and protect the interests of all parties and to enable him to enter a final
judgment with the least possible delay. The final judgment shall find the facts specially
and shall state separately the judge's conclusions with regard to any and all legal issues
raised with regard to any of the provisions of this article and proposed purchase and sale
of distribution facilities and other transactions and restrictions under this article, together
with other matters raised in the complaint, and shall state the judge's conclusions of law
thereon. Any citizen of the state may appear in such proceedings, either...
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37-14-38
Section 37-14-38 Validation procedure; authorization for validation of provisions of
article. In order to foster and encourage the underlying policies of this article and to assure
that sales and purchases of distribution facilities, and other transactions and actions authorized
or allowed by this article may be conducted in good faith with a knowledge of the validity
of the provisions hereof, and further, to assure that irrevocable commitments are not made
in the implementation of the provisions of this article without the assurance of their legality
and validity, the following judicial review process is hereby authorized and it is declared
to be the legislative intent that the provisions of this statute be judicially reviewed and
validated pursuant to the procedure set forth herein and that the circuit court enter a judgment
in accordance with the procedure set forth herein. (1) FILING OF COMPLAINT FOR DETERMINATION
AS TO LEGALITY OF PROVISIONS OF ARTICLE. - At any time subsequent to...
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6-5-4
Section 6-5-4 Recovery of public moneys, funds or property. (a) The Governor may cause
actions to be commenced for the recovery of any public moneys, funds, or property of the state
or of any county which have been lost by the neglect or default of any public officer, which
have been wrongfully expended or disbursed by such officer, which have been wrongfully used
by such officer, or which have been wrongfully received from him. (b) In the event any public
officer or agent of the state or any depositary or custodian of public funds or moneys has
wrongfully used such funds or moneys, actions for the recovery thereof may be commenced before
any court having jurisdiction of the subject matter; and it shall not be ground of objection
to such an action that either, any, or all of the parties defendant do not reside within the
county or within the district in which such action is commenced. (c) Such action may be commenced
in any court of competent jurisdiction; and such officer or agent,...
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