Code of Alabama

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12-18-55
Section 12-18-55 Eligibility for retirement of district judges; right of election of former
county court judges, district attorneys or assistant district attorneys serving as circuit
judges on January 16, 1977, to come under provisions of Article 1 of chapter; filing of notice
of election with Clerk of Supreme Court by same. (a) Any district judge shall be eligible
for retirement and may elect to be retired pursuant to this article if he: (1) Has served
as much as five years as a district judge or judge of a county court immediately prior to
retirement and has become permanently, physically, or mentally unable to carry out his duties
on a full-time basis, proof of such disability being made by certificate of three reputable
physicians; (2) Has served for 12 years as a district judge or judge of a county court and
has reached or passed the age of 65 years; (3) Has served for 15 years as a district judge
or judge of a county court and is not less than 62 years of age or has served as...
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12-20-31
Section 12-20-31 Substitution of lost, etc., papers or records in civil cases - Appeal from
court order or decree granting or denying. From any order of a circuit or district court or
probate court granting or refusing substitution under this article, an appeal lies to the
appropriate appellate court as from final judgments or decrees in civil cases. From an order
of a district court, an appeal to the circuit court lies as in other cases, and the trial
is de novo. (Code 1867, §651; Code 1876, §558; Code 1886, §659; Code 1896, §2652; Code
1907, §5744; Code 1923, §10137; Code 1940, T. 7, §13.)...
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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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43-8-53
Section 43-8-53 Controversy as to advancements - Contest of answer. Upon the rendition of the
report or answer of the distributee or heir alleged to have received an advancement, or of
his legal representatives or heirs, if deceased, if the executor or administrator, or any
of the parties interested in such estate are not satisfied with the report or answer, on the
ground that the same does not set forth all the property received or advanced, or does not
set forth the true value of the property at the time it was received or advanced, or is not
satisfied that the report or answer is true, then, in either case, such party may file objections
thereto, stating the grounds of the objections, and the judge of probate must set a day, at
such time as he may think proper, for hearing and determining, according to the evidence,
as to the amount of property advanced, the time when advanced, and its value when received.
He must give all the parties interested notice of such objections, and of the...
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11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
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12-18-51
Section 12-18-51 Right of election of judges of county courts or full-time municipal court
judges entitled to receive commissions as district judges to come under provisions of Article
1 of chapter; filing of notice of election with Clerk of Supreme Court, Secretary-Treasurer
of Judicial Retirement Fund and governing body of county or municipality; applicability of
provisions of Article 1 of chapter to district court judges elected or appointed to office
after October 10, 1975. (a) Each judge of a county court or full-time municipal court judge
entitled to receive a commission as a district judge pursuant to the Constitution shall have
a right to elect to come under the provisions of Article 1 of this chapter in accord with
the provisions of this article, but a full-time municipal court judge shall not be entitled
to credit to determine eligibility for retirement under Section 12-18-55 for any service prior
to such election. (b) Such election shall be made by written notice filed...
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17-15-6
Section 17-15-6 Notification of sheriff and clerk of circuit court. When any special election
is ordered by the Governor, the judge of probate of the counties in which such election is
to be held must, within three days after receiving notice thereof, notify the sheriff and
clerk of the circuit court of their respective counties of such special election. (Code 1876,
§§269, 4281; Code 1886, §§364, 4180; Code 1896, §§1603, 4687; Code 1907, §§444, 6784;
Code 1923, §§534, 3902; Code 1940, T. 17, §§220, 298; §17-18-6; amended and renumbered
by Act 2006-570, p. 1331, §76.)...
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45-30A-50.18
Section 45-30A-50.18 Appeal to the court. Decisions of the board may be enforced in the court
by mandamus, injunction, or other appropriate proceedings. The employee, the appointing authority,
or the city may, within 10 days after the decision of the board is rendered, appeal to the
court from any decisions of the board affirming, imposing, or refusing to affirm or impose
dismissal or demotion as disciplinary action by filing notice of such appeal with the court
and causing a copy of such notice to be served on the appointing authority and any member
of the board. Upon the filing of such notice, the board shall file with the court a certified
transcript of the proceeding had before it with respect to the appeal, and its decision in
the matter. The appeal shall be heard at the earliest possible date by the court sitting without
a jury on the issues made before the board and the trial in the court shall be de novo. No
bond shall be required for such an appeal and the cost of such appeal...
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45-31-120.18
Section 45-31-120.18 Appeal to the court. Decisions of the board may be enforced by mandamus,
injunction, or other appropriate proceedings. The employee, the appointing authority, or the
Geneva County Commission, within 21 days after the decision of the board is rendered, may
appeal to the court from any decision of the board affirming, imposing, or refusing to affirm
or impose dismissal or demotion as disciplinary action by filing notice of such appeal with
the court and causing a copy of such notice to be served on the appointing authority and any
member of the board. Upon the filing of such notice, the board shall file with the court a
certified record of the proceeding had before it with respect to the appeal, and its decision
in the matter. The appeal shall be heard at the earliest possible date by the court sitting
without a jury on the issues made before the board and the trial in the court shall be de
novo. No bond shall be required for such an appeal and the cost of such...
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45-49-91.04
Section 45-49-91.04 Certification of petition. The judge of probate, with assistance from the
revenue commissioner of the county, shall certify the accuracy of the petition within 30 days
of receipt in his or her office. If the accuracy of the petition cannot be certified, the
judge of probate shall return the petition to the person or persons submitting it to the probate
court, and shall notify the persons submitting the petition of the reason or reasons for returning
the petition and that no election will be called. If the petition is certified, the judge
of probate shall provide for a special election on the question within that district within
70 days from the date the petition was certified by the judge of probate. The judge of probate
shall certify no more than one petition for election per district during any calendar year
and no special election shall be held within the 12-month period since the previous special
election on this issue. (Act 2005-75, p. 111, § 5.)...
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