Code of Alabama

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9-17-18
Section 9-17-18 Injunctions - Appeals. In any civil action where the board, in the name of
the state, seeks enforcement of this article or of any rule, regulation or order issued under
this article, as provided in Section 9-17-17 or in any civil action where an interested party
seeks to test the validity of or enjoin the enforcement of this article or any rule, regulation
or order issued under this article as provided in Section 9-17-16, either party shall have
the right of an immediate appeal to the Supreme Court from any judgment or order therein granting
or refusing an injunction, whether temporary restraining order, preliminary injunction or
permanent injunction, or other character of injunctive relief, or from any order granting
or overruling a motion to dissolve such injunction. The manner of presenting any appeal as
provided for in this section shall be governed by the provisions of the rules and laws of
the State of Alabama regulating appeals in injunction proceedings. (Acts...
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16-27A-12
Section 16-27A-12 Cause of action by owner against actual operator. (a) Any person who is held
responsible for payment of a civil fine as provided herein, but who was not actually operating
the involved vehicle, who timely and properly followed the procedure to transfer responsibility
but is ultimately held responsible because of the person's ownership of the vehicle, and who
actually pays the civil fine, shall have a cause of action against the person who was operating
the vehicle for the amount of the civil fine actually paid plus a reasonable attorney fee,
without regard to the rules regarding joint and several liability, contribution, or indemnity.
(b) As a condition precedent to the bringing of a civil action under subsection (a), the person
held responsible for payment of the civil fine shall first make written demand on the other
person for reimbursement of the civil fine, giving a minimum of 60 days to remit payment,
and if reimbursement is fully made within the 60 day period...
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2-17-31
Section 2-17-31 Admissibility of evidence of violations of chapter or regulations promulgated
thereunder in civil actions for damages against persons, firms, etc., subject thereto. It
shall be competent evidence in any civil action brought for damages against any person, firm
or corporation regulated by this chapter to prove that such person, firm or corporation has
violated any term or provision of this chapter or any regulation promulgated under this chapter
where such act or failure to act is proximately related to the injury or loss for which damages
are claimed, but proof of any acts or failure to act which may constitute a violation of any
term or provision of this chapter or of any regulation promulgated under this chapter shall
not constitute prima facie proof of negligence in any such action against the party sought
to be charged with damages. (Acts 1969, No. 1049, p. 1939, §31.)...
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35-4-151
Section 35-4-151 Error in any description sufficient to maintain civil action. In order to
authorize a person claiming title under the grantee in a deed, mortgage, or other conveyance
containing an erroneous description to maintain a civil action for the reformation of the
same, it shall not be necessary that there shall be any error in description in all the conveyances
constituting the chain of title from the grantor in the conveyance containing the erroneous
description to the complainant; but, if it shall reasonably appear that it was the purpose
or intention of each grantor to convey the land which was intended to be conveyed in said
deed, mortgage or other conveyance containing the erroneous description, the complainant shall
be entitled to a reformation of such deed, mortgage, or other conveyance. (Acts 1911, No.
227, p. 199; Code 1923, §6961; Code 1940, T. 47, §134.)...
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45-49-101.12
Section 45-49-101.12 Cause of action by owner against actual operator. (a) Any person who is
held responsible for payment of a civil fine as provided herein, but who was not actually
operating the involved vehicle, who timely and properly followed the procedure to transfer
responsibility but is ultimately held responsible because of the person's ownership of the
vehicle, and who actually pays the civil fine, shall have a cause of action against the person
who was operating the vehicle for the amount of the civil fine actually paid plus a reasonable
attorney fee, without regard to the rules regarding joint and several liability, contribution,
or indemnity. (b) As a condition precedent to the bringing of a civil action under subsection
(a), the person held responsible for payment of the civil fine must first make written demand
on the other person for reimbursement of the civil fine, giving a minimum of 60 days to remit
payment, and if reimbursement is fully made within the 60-day period...
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6-3-20
Section 6-3-20 One change for cause permitted on motion of a party. Either party to a civil
action may move the court to change the venue at any time before final trial, making affidavit
that for causes set forth, he cannot have a fair and impartial trial in the county where the
action is pending. The court may direct a change to the nearest county free from proper objection
by either party, to be determined by affidavits and, whenever it will best secure the ends
of justice, it may require the applicant to give bond and security for costs. The same party
can have the venue changed but once. (Code 1852, §2359; Code 1867, r§2761; Code 1876, §3114;
Code 1886, §2645; Code 1896, §4210; Code 1907, §6116; Code 1923, §10476; Code 1940, T.
7, §65.)...
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9-11-258
Section 9-11-258 Persons hunting deer at night liable for killing stock. If any person hunting
deer by fire in the nighttime kills any horse, mare, colt or other domestic animal, he is
liable to double damages in a civil action instituted by the owner of the property. (Code
1852, §1114; Code 1867, §1295; Code 1876, §1600; Code 1886, §1378; Code 1896, §420; Code
1907, §4485; Code 1923, §8260; Code 1940, T. 8, §106.)...
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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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43-2-133
Section 43-2-133 Succeeding executor or administrator to be made party to civil actions. When
any civil action has been commenced by or against the personal representative of a decedent,
the same may be prosecuted by or against any succeeding executor or administrator, who may,
on motion, be made a party. (Code 1852, §1925; Code 1867, §2284; Code 1876, §2622; Code
1886, §2265; Code 1896, §333; Code 1907, §2805; Code 1923, §6044; Code 1940, T. 61, §121.)...

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6-11-20
Section 6-11-20 Punitive damages not to be awarded other than where clear and convincing evidence
proven; definitions. (a) Punitive damages may not be awarded in any civil action, except civil
actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in a tort
action where it is proven by clear and convincing evidence that the defendant consciously
or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff.
Nothing contained in this article is to be construed as creating any claim for punitive damages
which is not now present under the law of the State of Alabama. (b) As used in this article,
the following definitions shall apply: (1) FRAUD. An intentional misrepresentation, deceit,
or concealment of a material fact the concealing party had a duty to disclose, which was gross,
oppressive, or malicious and committed with the intention on the part of the defendant of
thereby depriving a person or entity of property or legal...
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