6-10-25
Section 6-10-25 Declaration of claimed exemptions - Contesting of claims. A plaintiff, in person or by his or her agent or attorney, may contest a claim of exemption after a declaration thereof has been filed by making and filing with the officer holding the process an affidavit that, in his belief, either the claim is invalid entirely or it is invalid in part or is excessive, specifying wherein such invalidity or excess consists, and if excessive, also specifying the property alleged to be in excess, to be, in all cases, the last named in the claim. If the claim is of personal property, he or she must also deliver to the officer a bond in double the value of the property sought to be levied on, with sureties to be approved by the officer, payable to the defendant claiming the exemption and conditioned that if the plaintiff fails in the contest, he or she will pay the defendant all such costs and damages as he or she may sustain by reason of the wrongful institution of the contest....
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11-43-160
Section 11-43-160 Removal. (a)(1) Any person appointed to office in any city or town may, for cause, after a hearing, be removed by the officer making the appointment. (2) The council of the municipality may remove, by a two-thirds vote of all those elected to the council, any person in the several departments for incompetency, malfeasance, misfeasance, or nonfeasance in office and for conduct detrimental to good order or discipline, including habitual neglect of duty. (b) Notwithstanding subsection (a), in municipalities having a population of less than 12,000 inhabitants, according to the last or any subsequent federal census, the mayor may vote on the removal of any person appointed to office in the municipality pursuant to subsection (a) and the mayor shall be considered as a member of the council in determining whether there is a two-thirds vote of the council for the removal of the officer. (Code 1907, §1172; Code 1923, §1888; Code 1940, T. 37, §451; Act 2009-402, p. 729,...
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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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15-10-2
Section 15-10-2 When officer may execute warrant; authority of officer to break and enter dwelling house. An officer may execute a warrant of arrest on any day and at any time; but in doing so, he must inform the defendant of his authority and, if required, must show the warrant. If an officer executing an arrest warrant is refused admittance after notice of his authority and purpose, he may break an outer or inner door or window of a dwelling house in order to make the arrest. (Code 1852, §435; Code 1867, §3984; Code 1876, §4654; Code 1886, §4261; Code 1896, §5210; Code 1907, §6268; Code 1923, §3262; Code 1940, T. 15, §153.)...
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15-21-23
Section 15-21-23 Judgment, etc., or contempt commitment not to be inquired into. On the return of a writ of habeas corpus, no court or judge has authority to inquire into the regularity or justice of any order, judgment, decree or process of any court legally constituted, nor into the justice or propriety of any commitment for contempt made by a court, officer or body according to law and charged in such commitment. (Code 1852, §734; Code 1867, §4285; Code 1876, §4961; Code 1886, §4784; Code 1896, §4837; Code 1907, §7032; Code 1923, §4331; Code 1940, T. 15, §27.)...
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15-21-24
Section 15-21-24 Grounds for discharge of person in custody under process legally issued. If it appears that the party is in custody by virtue of process from any court legally constituted or issued by any officer in the course of judicial proceedings before him authorized by law, he can only be discharged under a writ of habeas corpus where: (1) The jurisdiction of such court has been exceeded, either as to matter, place, sum or person; (2) Though the original imprisonment was lawful, the party has become entitled to his discharge by reason of some subsequent act, omission or event; (3) The process is void in consequence of some defect in matter or substance required by law; (4) The process, though in proper form, was issued in a case or under circumstances not allowed by law; (5) The process is not authorized by any judgment, order or decree nor by any provision of the law; or (6) The person who has the custody of him under any order or process is not the person authorized by law to...
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15-5-14
Section 15-5-14 Disposition of taken property by court if property stolen or embezzled. When the property is taken under a search warrant, it shall be delivered to the court issuing the warrant. If the property was stolen or embezzled, the court shall cause it to be delivered to the owner, on satisfactory proof of his title and the payment by him of all fees. If the warrant was issued on the grounds specified in subdivisions (2) and (3) of Section 15-5-2, the officer effecting the warrant must retain the property in his possession, subject to the order of the court to which he is required to return the proceedings or of the court in which the offense is triable in respect to which the property was taken. (Code 1852, §839; Code 1867, §4390; Code 1876, §4019; Code 1886, §4740; Code 1896, §5497; Code 1907, §7770; Code 1923, §5484; Code 1940, T. 15, §113.)...
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28-4-124
Section 28-4-124 Delivery by common carrier, etc., of liquors from another state, etc., to person, etc., other than consignee without written order of consignee therefor. It shall be unlawful for any railroad company, express company or other common carrier or any officer, agent or employee of any of them or any other person to deliver any of the liquors mentioned in Section 28-4-120, when brought into the state from any of the points or places mentioned in Section 28-4-120, to any person other than the person to whom such liquors are consigned without a written order in each instance by said consignee therefor, or to make such delivery of said liquors as aforesaid, when consigned to a firm or corporation, except to a member of said firm or an officer or agent of such corporation or upon a written order in each instance by the consignee therefor. (Acts 1915, No. 10, p. 39; Code 1923, §4691; Code 1940, T. 29, §161.)...
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31-2-78
Section 31-2-78 Personal uniforms, arms, etc., of officers, enlisted men, etc., exempt from sale under execution, etc. The personally owned uniforms, arms, and equipment, required by laws or regulations of every commissioned, warrant, and noncommissioned officer, musician and enlisted man of the armed forces of the state, shall be exempt from sale under any execution or other process for debt or taxes. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §105; Acts 1973, No. 1038, p. 1572, §79.)...
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36-19-16
Section 36-19-16 Fire Marshal may request district attorney to assist in investigations, etc.; effect of refusal to assist Fire Marshal. The Fire Marshal or deputy fire marshal, when in the opinion of either of them it is necessary, may request the district attorney to aid in any investigations or examinations that may be made under the provisions of this article. Any officer who refuses to aid the Fire Marshal or deputy fire marshal in carrying out the provisions of this article shall be deemed guilty of willful neglect of duty and dealt with accordingly. (Acts 1919, No. 701, p. 1013, §8; Code 1923, §972; Code 1940, T. 55, §44.)...
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