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17-13-71
Section 17-13-71 Grounds. The contests of nomination by a party for office, other than a county
office, may be instituted by any qualified elector of the state, or of the political subdivision,
as the case may be, who belongs to that party and who legally participated in such primary
election, upon the following grounds, which may be used separately, or else be joined in the
same contest: (1) Malconduct, fraud, or corruption on the part of any inspector, clerk, returning
officer, canvassing board, or other persons. (2) When a person whose nomination is contested
was not eligible to the office sought at the time of the declaration of nomination. (3) On
account of illegal votes given. (4) On account of the rejection of legal votes. (5) Offers
to bribe, bribery, intimidation, or other malconduct or misconduct calculated to prevent a
fair, free, and full exercise of the elective franchise. (6) Miscalculation, mistake, or misconduct
in counting, tallying, certifying, or canvassing which of...
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17-13-87
Section 17-13-87 New primary in case contest cannot be decided. If, upon the hearing of any
contest for any office, as provided for in this chapter, the committee, after an investigation
and hearing of the contest, shall determine that it is impossible from the evidence before
it to decide who is the legally nominated candidate for the office contested, it may direct
a new primary election for the nomination to any such office, but where any action is taken
by any county executive committee, either person to the contest, in the same manner as herein
provided for in the case of appeals from the action of any county committee, may take an appeal
to the state executive committee, which shall be the court of final appeal in all party contests
of nominations; provided that, upon hearing of any contest or appeal, as provided for in this
chapter, which is not referred to and decided by a subcommittee, 15 members of any such state
executive committee shall constitute a quorum for the hearing...
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17-16-60
Section 17-16-60 Contest not abated by death of contestant. In all contests of elections, such
contests are not abated by the death of the party commencing them before final judgment, if
any qualified elector appears in court and substitutes as a contestant and gives good and
sufficient security for the costs which have accrued or may accrue on the contest. But if
no qualified elector appears and proposes to substitute as the party contesting, the contest
abates on the death of the contesting party, and judgment must be rendered against the sureties
for the costs of the contest, which must be collected by execution in the name of the party
whose election was contested. In all cases the person whose election is contested, if the
successful party in such contest, is entitled to judgment for the cost thereof against the
party contesting and the sureties, for which execution may issue returnable to the court of
probate or to the circuit court, as the case may be. (Code 1896, §1701; Code...
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12-19-54
Section 12-19-54 Proceedings for retaxation of excessive costs in probate courts. (a) If the
taxation of costs by a probate court is excessive by charging the costs of witnesses who were
not examined, by charging costs to an improper party or by taxing costs contrary to law, the
party aggrieved may move the court for a retaxation, setting forth the particulars in which
the clerk has erred. This section shall apply to costs taxed in probate courts in all cases
and proceedings where such courts have jurisdiction, and any aggrieved party to any case or
proceeding may move the circuit court in the county where such case or proceeding is pending
for a retaxation of such costs, setting forth the particulars wherein such probate court costs
were improperly taxed. Such motion may be heard on five days' notice to the officers or persons
claiming said fees or costs, and the same shall be passed on by the judge as other motions
are heard and passed upon. From a judgment or order refusing or...
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45-17-234
Section 45-17-234 Contracts for service of process; fees; Sheriff's Civil Process Fund. (a)
The Sheriff of Colbert County, except for warrants for arrest, may contract with or enter
into contract or agreement with a private, public, or governmental entity for the purpose
of service of process. Nothing in this section should be construed as conflicting with the
provisions of Rule 4.1 (b)(2) of the Alabama Rules of Civil Procedure. (b)(1) In addition
to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other
appropriate court official in the civil division of the District and Circuit Courts of Colbert
County shall increase the fees by twelve dollars fifty cents ($12.50) per document personally
served by the sheriff's office, or its designee. For purposes of this section, the term "document"
shall include multiple papers served on a party or entity at one time. (2) For purposes of
this section, all charges imposed under this section may be taxed as costs to...
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45-39-233.01
Section 45-39-233.01 Service of process; fees. (a) The Sheriff of Lauderdale County, except
for warrants for arrest, may contract with or enter into contract or agreement with a private,
public, or governmental entity for the purpose of service of process. Nothing in this section
should be construed as conflicting with Rule 4.1 (b)(2) of the Alabama Rules of Civil Procedure.
(b)(1) In addition to all existing charges, fees, judgments, and costs of court, the clerk,
sheriff, or other appropriate court official in the civil division of the district and circuit
courts of Lauderdale County shall increase the fees by twelve dollars fifty cents ($12.50)
per document personally served by the sheriff's office, or its designee. For purposes of this
section, the term document shall include multiple papers served on a party or entity at one
time. The court costs imposed by this section may be taxed as costs to any party to the action
by the judge in the case. (2) The court official designated in...
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11-42-68
Section 11-42-68 Appeals from judgment of probate judge - Transmittal of papers to clerk of
circuit court; withdrawal of map and certified resolution from files of probate judge for
use in circuit court. If an appeal is taken, the judge of probate shall transmit all papers
in the action, except the map and certified resolution, to the clerk of the court to which
the appeal is taken, and such map and certified resolution, after the same have been recorded
by the judge of probate as provided in this article, may be withdrawn from the file in the
judge of probate's office by either party for use in the trial of the action in the circuit
court, but must be returned to the judge of probate immediately after the trial of said action
in the circuit court. (Code 1907, §1101; Code 1923, §1795; Code 1940, T. 37, §164.)...
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11-47-172
Section 11-47-172 Procedure for condemnation and appeal; asssessment of value, etc. (a) Whenever
the proprietor or proprietors or any of them of any of the lands necessary for any of the
purposes provided in Section 11-47-171 or necessary for opening new streets or widening old
streets and the mayor or other chief executive officer cannot agree on a price of said lands
or cannot agree as to the amount to be paid for changing the grade of any street, sidewalk,
or public place and whenever the proprietor or proprietors thereof shall be an infant, non
compos mentis, a nonresident, or unknown, then the mayor or other chief executive officer
shall apply to the clerk of the circuit court of the county for a writ of ad quod damnum to
be directed to the sheriff of the county, commanding him to summon three freeholders of the
county to appear before the sheriff on a day named, not less than two days from the date of
the writ, and to proceed under his direction to assess a value of the lands of...
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12-19-70
Section 12-19-70 Circuit and district court docket fee - Creation; collection; waiver and taxation
as costs at conclusion of case; findings; notice. (a) There shall be a consolidated civil
filing fee, known as a docket fee, collected from a plaintiff at the time a complaint is filed
in circuit court or in district court. (b) The docket fee may be waived initially and taxed
as costs at the conclusion of the case if the court finds that payment of the fee will constitute
a substantial hardship pursuant to the income guidelines provided in paragraphs a. and b.
of subdivision (4) of Section 15-12-1. A verified statement of substantial hardship, signed
by the party claiming hardship, shall be filed with the clerk of court. The accompanying pleading
shall be considered filed on the date that the verified statement of substantial hardship
is filed with the court. If, within 90 days of the filing, the court makes a written finding
that the party claiming hardship has the resources to pay the...
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17-13-52
Section 17-13-52 Certificate of nomination by convention, mass meeting, etc. The certificate
of nomination by any caucus, convention, mass meeting, or other assembly of any political
party or faction in this state not conducting a primary election at the expense of the state
shall be filed on or before 5:00 P.M. of the primary election day to certify their nominees
with the judge of probate, in the case of nominations for county office, and with the Secretary
of State, in the case of all other offices. Each such certificate must have attached thereto
a separate sworn statement from the nominee, signed by the nominee, stating that he or she
accepts the nomination. (Acts 1975, No. 1196, p. 2349, §43; §17-16-46; amended and renumbered
by Act 2006-570, p. 1331, §61.)...
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