17-16-61
Section 17-16-61 Appeals - Generally. In all contested elections before the judge of probate,
an appeal lies to the Supreme Court within 14 days after the rendition of the judgment. From
the judgment of the circuit court on the contest of an election of a judge of probate or sheriff
or any other officer mentioned in Section 17-16-56, an appeal lies to the Supreme Court within
14 days after the rendition of the judgment. (Code 1896, §1702; Code 1907, §476; Code 1923,
§566; Code 1940, T. 17, §252; §17-15-34; amended and renumbered by Act 2006-570, p. 1331,
§83.)...
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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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12-22-23
Section 12-22-23 Contest of will removed to probate court of another county. Upon the contest
of a will removed from the probate court of the county in which it was propounded to the probate
court of another county for trial, an appeal lies to the Supreme Court. (Code 1852, §1889;
Code 1867, §2248; Code 1876, §3958; Code 1886, §3643; Code 1896, §460; Code 1907, §2858;
Code 1923, §6117; Code 1940, T. 7, §778.)...
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11-41-2
Section 11-41-2 Notice of filing; determination of statutory compliance; objections; ordering
and notice of election; contest of election. (a) Upon the filing of the verified application
with the judge of probate, the judge of probate shall give notice of the filing of the application
by publication in one or more newspapers published in the county, if there are any, that an
application to the judge of probate has been submitted and that the judge of probate will
determine if the application complies with Section 11-41-1, and that further notice will be
given for the filing of any objections. (b) The judge of probate shall have a reasonable period
of time, not to exceed 45 days, within which to ascertain compliance with Section 11-41-1.
If the judge of probate determines that the application does not comply with Section 11-41-1,
the judge of probate shall enter an order to that effect, which order shall be sent in accordance
with the Alabama Rules of Civil Procedure. The order shall...
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12-22-20
Section 12-22-20 Final judgments, orders, or decrees generally. An appeal lies to the circuit
court or Supreme Court from any final decree of the probate court, or from any final judgment,
order or decree of the probate judge; and, in all cases where it may of right be done, the
appellate court shall render such decree, order or judgment as the probate court ought to
have rendered. (Code 1867, §2247; Code 1876, §3957; Code 1886, §3640; Code 1896, §457;
Code 1907, §2855; Code 1923, §6114; Code 1940, T. 7, §775.)...
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11-42-69
Section 11-42-69 Trial and entry of judgment by circuit court; appeals from judgment of circuit
court; endorsement on map by probate judge where no appeal from judgment of probate court.
(a) If on the trial in the circuit court it be adjudged that the requisite facts did exist
subjecting the land and property having a situs thereon to taxation by the city, a judgment
shall be entered adjudging that the land and property having a situs thereon be, and the same
is, subject to taxation by the city and that the taxes thereon shall be paid to the city.
If it be adjudged that the requisite facts did not exist, a judgment shall be entered adjudging
that the land and property having a situs thereon is not subject to taxation by the city,
and the cost of appeal and of contest shall be adjudged against the losing party. (b) Either
the city or the property owner may appeal from the judgment of the circuit court to the supreme
court within the time and in the same manner as is provided by the...
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43-2-709
Section 43-2-709 Appeals. (a) Any party to the proceedings to declare an estate insolvent may
appeal to the supreme court or court of civil appeals from the decree or order declaring the
estate insolvent or dismissing the report within 42 days from the rendition of such order
or decree in the manner provided by law for appeals from the probate court in other similar
or like proceedings. (b) If an appeal has been taken on a contest as to the report of insolvency,
the case must, on motion, be continued during the pendency of such appeal. (Code 1852, §1861;
Code 1867, §2210; Code 1876, §2582; Code 1886, §2252; Code 1896, §320; Code 1907, §§2764,
2765; Code 1923, §§6003, 6004; Code 1940, T. 61, §§390, 391.)...
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12-22-21
Section 12-22-21 Other orders, judgments, or decrees. Appeal from the order, judgment or decree
of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court
in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the
Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the
circuit court in such cases shall be within the time hereinafter specified: (1) From the decree,
judgment or order on a contest as to the validity of a will, to be taken within 42 days after
the determination of the contest; (2) From the decree, judgment or order on an application
claiming the right to execute a will or administer an estate, to be taken within 42 days after
the hearing and decision of such application, unless the application was denied because the
applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason
of improvidence, intemperance or want of understanding, in...
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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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43-2-354
Section 43-2-354 Notice and hearing; judgment; costs; appeals. The personal representative
of the estate of a decedent may give notice in writing to the claimant or anyone having a
beneficial interest in a claim against the estate that such claim is disputed in whole or
in part; if in part, specifying the part disputed. Thereupon the judge of the court having
jurisdiction of the administration of the estate shall, on written application of either the
personal representative or the claimant, hear and pass on the validity of such claim, or part
thereof, first giving 10 days' notice of such hearing to the interested parties. If the claimant
in such proceeding shall fail to recover upon the disputed part of such claim, he shall be
taxed with the costs thereof. This section shall not apply to claims against estates declared
insolvent. If the judgment on any such claim is rendered by a probate court, either party
may, within 30 days after the rendition of such judgment, appeal to the circuit...
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