17-16-63
Section 17-16-63 Statement - Filing; bond. When any elector shall choose to contest any election
for the office of Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner
of Agriculture and Industries, justices of the Supreme Court, or judges of the courts of appeals,
the elector, within 10 days after the Speaker of the House of Representatives shall have opened
the returns and proclaimed the result of the election for Governor, Secretary of State, Auditor,
Treasurer, Attorney General, Commissioner of Agriculture and Industries, justices of the Supreme
Court, or judges of the courts of appeals, as provided in this chapter, must file with the
Speaker of the House of Representatives a written statement of the grounds of such contest
and a bond with good and sufficient sureties payable to the State of Alabama and conditioned
for the payment of such costs as may accrue upon such contest in the event such contest shall
result in favor of the contestee. Such bond...
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30-4-35
Section 30-4-35 Disposal of interest in real estate by spouse of insane person - Judgment to
be filed in probate office of county where real estate situated; filing cost. If the court
enters the judgment granting the relief sought, the register or clerk shall file a certified
copy of such judgment in the probate office of the county in which is situated the real estate
he desires to sell, convey, mortgage or otherwise dispose of. The cost of filing said judgment
shall be taxed as part of the costs in the case. (Acts 1933, Ex. Sess., No. 151, p. 141; Acts
1935, No. 394, p. 865; Code 1940, T. 34, §86.)...
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43-8-201
Section 43-8-201 Contest in circuit court after admission to probate - Additional time for
contest by infants and persons of unsound mind. After the expiration of such six months, the
validity of the will can only be contested by infants and persons of unsound mind who had
no legal guardian at the time the will was admitted to probate, or who were not represented
by a guardian ad litem, who are allowed 12 months after the appointment of a guardian, or,
if none be appointed, 12 months from the termination of their respective disabilities in which
to contest such will, but in no case to exceed 20 years from the time the will was admitted
to probate; and also provided there has not been one contest instituted and prosecuted to
final judgment in the circuit court as is provided for in sections 43-8-199 and 43-8-200;
in which case the final judgment of the circuit court, court of civil appeals or supreme court
shall be final and conclusive against all parties. (Code 1852, §1656; Code 1867,...
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11-42-213
Section 11-42-213 Fees and compensation of probate judge and other officers for services rendered.
The judge of probate for services rendered under the provisions of this article shall be entitled
to charge a fee of $10.00. All other officers shall be entitled to the same compensation for
services rendered by them as they are authorized by law to charge for similar services rendered
by them and the city or town at whose instance the services are performed under the provisions
of this article shall pay all costs and expenses thereof; except, that in the case of a contest
as provided in this article, the cost of such contest shall be paid by the party against whom
such contest is decided. (Acts 1923, No. 372, p. 394; Code 1923, §2426; Code 1940, T. 37,
§250.)...
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17-16-21
Section 17-16-21 Recount procedures. (a) Any person with standing to contest the election under
Sections 17-16-40 and 17-16-47 may petition the canvassing authority for a recount of any
or all precinct returns. The time period for requesting a recount begins with the production
of the certificate of result and ends 48 hours after the official canvass of county returns.
The canvassing authority is the canvassing board in general elections and the county executive
committee in a party primary. The petitioner must be prepared to pay the cost of the recount
and shall give security to cover these costs. The canvassing authority shall set the amount
of the security based upon an estimate of actual costs. The costs shall be kept to a minimum
by using county personnel or volunteer workers whenever possible. However, the recount must
be conducted under the supervision of a trained and certified precinct election official.
Representatives of opposing interests shall be given at least 24 hours'...
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17-16-51
Section 17-16-51 Contest of senator or representative in Legislature - Testimony. The testimony
in the case of a contest provided for in Section 17-16-50 must be taken by deposition under
commission issued by the clerk of the court where the statement of contest is filed, which
commission must issue upon the party applying for the same making and filing an affidavit
stating the name of the witnesses, the place of residence of such witnesses, and that the
testimony sought and expected is material. The depositions must be taken on interrogatories
filed in the office of the clerk after making and filing the affidavit and of the interrogatories
and affidavit and the names and residence of the commissioner or commissioners proposed to
be appointed, 10 days' notice must be given the adverse party by service on him or her personally
or by leaving at his or her usual place of residence or business a copy of the interrogatories
and affidavit, to which must be appended notice of the name and...
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30-2-10
Section 30-2-10 Sixty-day restriction on remarriage of parties after grant of divorce or pending
appeal of divorce. When a judgment has been entered granting a divorce in this state, the
court shall order that neither party shall again marry, except to each other, until 60 days
after the judgment is entered, and that if an appeal is taken within 60 days, neither party
shall again marry, except to each other, during the pendency of the appeal. (Code 1907, §3811;
Code 1923, §7425; Code 1940, T. 34, §38.)...
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35-11-414
Section 35-11-414 Judgment. If the court by its finding, or the jury by their verdict, as the
case may be, ascertains that the plaintiff has a lien as claimed, judgment shall be entered
for the amount secured thereby, interest and cost, against the party liable for the same,
and establish the lien and condemn the property to sale for the satisfaction thereof; but
if the finding or verdict is for the plaintiff only on the issue of indebtedness, a judgment
shall be entered in his favor for the amount thereof as in other cases. (Acts 1969, No. 1068,
p. 1989, §6.)...
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35-6-25
Section 35-6-25 Service of process on certain parties defendant; guardian ad litem; judgment
not affected by death of defendant; section cumulative. (a) When it is necessary to make any
person a party defendant in any partition proceedings brought under the provisions of this
article for partition sale of land, or any interest therein and the plaintiff, after exercising
reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such
defendant is alive at the time of the filing of the complaint, the facts showing just what
diligence the plaintiff has exercised must be specifically alleged in the complaint, and such
defendant may then be made a party, by publication as in the case of unknown defendants, in
his name followed by the words: " ____ and his heirs or devisees, if deceased."
If the defendant so sued does not appear in person or by attorney before expiration of the
time for filing pleadings in the case, the court shall appoint a guardian ad litem to...
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36-11-15
Section 36-11-15 Appeals to Supreme Court from judgment of circuit court - Authorization and
procedure generally. From any final judgment or decision entered by any circuit court in proceedings
under this chapter, an appeal shall lie to the Supreme Court in favor of the unsuccessful
party. Notice of appeal must be filed within 42 days after the judgment is entered. Notices
of appeal shall be given as in other cases. Such appeal shall have precedence and priority
over all other appeals. (Code 1876, §4061; Code 1886, §4834; Code 1896, §4881; Code 1907,
§7119; Code 1923, §4514; Code 1940, T. 41, §195.)...
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