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12-1-14
Section 12-1-14 Appointment, powers, compensation, etc., of special judges for circuit, district,
or probate court. Should the need for special judges in the circuit court, district court
or probate court arise, the Supreme Court may appoint and commission special circuit judges
or special district court judges or special probate judges for temporary service; provided,
however, that the person so appointed shall possess the qualifications of the judgeship to
which he is appointed. Such special judges shall qualify by taking the oath of office prescribed
in the Constitution. Such appointment shall confer on the special judge all powers, authority
and jurisdiction of the respective judgeship to which he is appointed. Such special judge
shall receive as compensation for his services a sum not to exceed $100.00 a day as established
by rule and reimbursement for his actual and necessary expenses, including, but not limited
to, transportation costs, food and lodging, to be paid out of the...
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12-22-25
Section 12-22-25 Security for costs of appeal. In all other cases in which an appeal is taken
under the provisions of this division, the appellant, or someone for him, must give security
for the costs of such appeal, to be approved by the probate judge or the clerk of the circuit
court, as the case may be, and the names of such sureties must be certified with the record
to the appellate court, but the filing of security for costs is not a jurisdictional prerequisite.
If the appellant fails to prosecute his appeal or the judgment is not reversed or is entered
against him for a less amount than the judgment of the court from which the appeal is taken,
execution may issue against him and such sureties for the costs of the appeal. (Code 1852,
§1898; Code 1867, §2257; Code 1876, §3967; Code 1886, §3647; Code 1896, §464; Code 1907,
§2862; Code 1923, §6121; Code 1940, T. 7, §782.)...
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37-1-132
Section 37-1-132 Right of appeal to supreme court. Any party may appeal to the Supreme Court
of Alabama from the judgment of the Circuit Court of Montgomery County. In connection with
any such appeal by a utility, if no supersedeas bond has been previously given to supersede
the action or order of the commission, the utility appealing the judgment of the circuit court
may supersede such judgment by filing a bond upon application, in such amount, and upon such
condition, all as is provided in this subdivision. Except as otherwise provided in this subdivision,
the appeal to the supreme court shall be taken in accordance with the Alabama Rules of Appellate
Procedure. (Code 1907, §5687; Code 1923, §9679; Code 1940, T. 48, §90.)...
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42-2-9
Section 42-2-9 Appeal from assessment of damages. Either party may appeal from the assessment
of damages and compensation by the commissioners to the circuit court of the county within
30 days after the making of the order of condemnation, upon the report of the commissioners,
by filing in the court rendering the judgment a written notice of appeal, a copy of which
shall be served on the opposite party, and on such appeal the trial shall be de novo. No appeal
shall suspend the judgment if the applicant shall pay into court in money the amount of damages
assessed and give bond in double the amount so assessed, with good and sufficient surety,
to be approved by the judge of probate, to pay such damages as the owner may sustain. (Code
1907, §2423; Code 1923, §3157; Code 1940, T. 59, §13.)...
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6-5-143
Section 6-5-143 Venue; filing of complaint; application for preliminary injunction. (a) Such
action shall be commenced in the circuit court of the county in which the property is located.
(b) At or before the commencement of the action, a verified copy of the complaint alleging
the facts constituting the nuisance shall be filed in the office of the probate judge of the
county, together with a notice of the pendency of the action, containing the name of the court,
the names of the parties, the object of the action, and a brief description of the property
affected thereby. The probate judge shall be paid the usual fee for recording such lis pendens
and shall immediately record such notice. (c) After the filing of the complaint, application
for a preliminary injunction may be made to the circuit court, a judge thereof or any judge
authorized by the laws of the state to make an order for a preliminary injunction, who shall
grant a hearing thereon within 10 days thereafter. (Acts 1919, No....
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12-22-6
Section 12-22-6 Judgments on applications for remedial writs. Appeals may be taken to the appropriate
appellate court from the judgment of the circuit court on application for writs of certiorari,
supersedeas, quo warranto, mandamus, prohibition, injunction and other remedial writs as provided
by the Alabama Rules of Appellate Procedure; but such appeal shall not operate as a stay of
execution unless supersedeas bond is given by the appellant pursuant to Rule 8 of the Alabama
Rules of Appellate Procedure. But this section shall not be construed as to prevent the presentation
of an issue upon appeal taken after a final determination of the case. (Code 1876, §3923;
Code 1886, §3616; Code 1896, §431; Code 1907, §2843; Code 1923, §6085; Code 1940, T. 7,
§761.)...
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40-7-46
Section 40-7-46 Appeals - Notice. Any taxpayer desiring to appeal under Section 40-7-45 shall
file with the officer, board, or commission, or some member thereof, a notice in writing that
he appeals to the circuit court, together with a bond in the sum of $100, with at least one
solvent surety, payable to the State of Alabama, conditioned to prosecute such appeal to effect
and, upon failure so to do, to pay all costs and damages which may be adjudged against him
by the circuit court on such appeal; the bond to be approved by the probate judge or circuit
clerk of the county. (Code 1923, §6097; Code 1940, T. 51, §75.)...
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11-1-7
Section 11-1-7 Appointment and use of public depositories; liability. (a) Upon the application
of the county tax collectors, revenue commissioners, license commissioners, county treasurers,
judges of probate, circuit court clerks, or registers of the circuit court, it shall be the
duty of the county commission of the county to appoint a bank or savings association, that
is a qualified public depository under Chapter 14A of Title 41, as a depository in which such
officers may deposit money coming into their hands as such officers, which appointment shall
be by proper resolutions spread upon the minutes of such commission. (b) Upon the application
of the custodian of county school funds, it shall be the duty of the county board of education
of the county to appoint a bank or savings association that is a qualified public depository
under Chapter 14A of Title 41, as a depository in which such officers may deposit money coming
into their hands as such officers, which appointment shall be...
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12-19-23
Section 12-19-23 Fees collected from proceeds of judicial sale; payment into General Fund;
application of section. (a) For each judicial sale in any district or circuit court in this
state a fee, which shall equal one percent of the sales price, shall be collected from the
proceeds of such sale prior to any other distribution therefrom. (b) The fee provided herein
is in addition to any other fees or costs which may be authorized by law. Fees collected as
herein prescribed shall be remitted to the State General Fund. (c) This section shall apply
to any judicial sale in any district or circuit court in this state made on or after October
1, 1984, provided the case was filed after January 15, 1977, and provided further that the
provisions of this section shall not apply to any judicial sale in any probate court in this
state. (Acts 1980, No. 80-635, p. 1201; Acts 1981, No. 81-675, p. 1099, §2; Acts 1984, 1st
Ex. Sess., No. 84-732, p. 68, §1.)...
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42-2-12
Section 42-2-12 Appointment of commissioner to execute conveyance. If the application is granted
and the lands condemned, as provided in this chapter, and no appeal is taken therefrom, or,
if appeal is taken and the lands described are condemned on appeal, the probate court in which
the application is filed shall at once appoint a commissioner to execute the conveyance of
the title to the lands so condemned and shall convey thereby all such title as the owners
had therein to the United States, free from the claims of all persons whomsoever. (Code 1907,
§2426; Code 1923, §3160; Code 1940, T. 59, §16.)...
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