19-3-27
Section 19-3-27 Submission of petition to circuit judge; order designating time for presenting
claims. Upon the filing of such petition the register or clerk must submit the same, together
with the inventory and appraisement, upon the original papers, to the circuit judge and the
circuit judge must make an order designating a day, not less than two nor more than 12 months
from the date thereof, by or on which day all claims against the trust estate must be presented,
verified by affidavit. (Code 1896, §4159; Code 1907, §6061; Code 1923, §10398; Code 1940,
T. 58, §15.)...
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6-6-620
Section 6-6-620 Appointment - Power of circuit court judge, register, or clerk. Receivers may
be appointed by the circuit court judge and by the register or clerk in the absence of the
judge, upon application in writing. When the application is made to the register or clerk,
reasonable notice of the time of such application and the person to whom it will be submitted
must be given, or a good reason shown to the register or clerk for the failure to give the
same. (Code 1852, §2986; Code 1867, §3441; Code 1876, §3881; Code 1886, §3534; Code 1896,
§799; Code 1907, §5726; Code 1923, §10113; Code 1940, T. 7, §1156.)...
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6-6-450
Section 6-6-450 Filing of answer; notice thereof; oral examination. The garnishee must answer
under oath according to the terms of the garnishment; and, upon filing, the clerk or register
shall give the plaintiff and defendant notice, and the garnishee may, if required by the plaintiff,
be examined orally in the presence of the court. Any demand for oral examination required
by the plaintiff after filing of written answer by the garnishee must be made by motion filed
within 30 days from the date of notice of filing answer. (Code 1923, §8067; Code 1940, T.
7, §1011.)...
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6-6-700
Section 6-6-700 Entry of judgment against clerk, register, or their sureties. Judgment must,
in like manner, be summarily entered against the clerk of the circuit court and his sureties,
or either of them, and against the register in circuit court and his sureties, or either of
them, on three days' notice, in the following cases: (1) In favor of the plaintiff in execution
for failure to enter on the execution docket the return made upon an execution by the proper
officer, within three days after the return is made, for 20 percent on the amount of the execution
and interest thereon; (2) For failing on demand to pay over money received by him on any judgment
or paid into court, on a plea of tender, other plea, or by rule of court, for the sum so received
by him with five percent per month on the amount from the time of the demand; (3) For failing
to notify the plaintiff, his agent, or attorney under the provisions of Section 6-9-92, which
are made to apply to such clerk, of the...
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17-3-55
Section 17-3-55 Refusal of registration - Appeal. Any person to whom registration is denied
shall have the right of appeal, without giving security for costs, within 30 days after such
denial, by filing a petition in the probate court in the county in which he or she seeks to
register, alleging that he or she is a citizen of the United States over the age of 18 years
having the qualifications as to residence prescribed by law and entitled to register to vote
under the provisions of the Constitution of Alabama of 1901, as amended. Upon the filing of
the petition, the clerk of the probate court shall give notice thereof to the district attorney
authorized to represent the state in the county, who shall appear and defend against the petition
on behalf of the state. The registrars shall not be made parties and shall not be liable for
costs. An appeal will lie to the circuit court in favor of the petitioner if taken within
30 days from the date of the judgment pursuant to Section 12-22-20....
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2-27-54
Section 2-27-54 License - Suspension, revocation or modification; appeals from actions of commissioner.
(a) The commissioner may suspend, pending inquiry, for not longer than 10 days and, after
opportunity for a hearing, may revoke or modify the provision of any license issued under
this section if he finds that the licensee is no longer qualified, has engaged in fraudulent
business practices in the custom application of pesticides or has made any custom application
of pesticides in a faulty, careless or negligent manner or has violated or fails or refuses
to comply with any of the provisions and requirements of this article, or regulations promulgated
thereunder. (b) Any person aggrieved by any action of the commissioner in refusing to issue
a license or in revoking any license may obtain a review thereof by filing an appeal to the
board within 15 days after notice of denial or revocation of the license has been received
by the applicant or licensee, which appeal must be heard by the...
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6-9-1
cause to be made the sum of _____ dollars damages adjudged to the said _____, and also the
further sum of _____ dollars, costs of the action; and make return of this writ and the execution
thereof according to law. Witness my hand, this _____ day of _____, 2__. _____ Clerk or Register.
(Form of Writ for Seizure and Delivery of Specific Property) The State of Alabama, ___ County.
To any Sheriff of the State of Alabama: You are hereby commanded to seize and deliver to _____
the following personal property, viz.: (Describe the property recovered), which the
said _____, on the _____ day of _____, 2__, by judgment of our circuit (or district) court,
held for the County of _____, recovered of _____, if the same can be had; if not, you are
hereby commanded that of the goods and chattels, land, and tenements of the said _____, you
cause to be made the sum of _____ dollars, the alternate value of the personal property,
viz.: (Set out the assessed value of each item of personal property)....
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10A-20-5.03
Section 10A-20-5.03 Disposition of property of educational corporations where the stockholders
are unknown or the number of shares is unknown. (a) Where the charter of any educational corporation
organized under the laws of this state, general or special, provides for the issuance of stock
and the stockholders are unknown or where the amount or number of shares are unknown, the
property of the corporation may be disposed of as follows: The acting trustees or directors
having peaceable charge of the business and property of the corporation, whether legally elected
or not, may contract to sell or otherwise dispose of the property of the corporation in the
manner as they may deem best to carry out the purpose of the corporation, which action must
be concurred in by a majority of the acting trustees or directors. (b) Within 30 days after
making the contract or agreement, the trustees or directors shall cause to be filed in the
name of the corporation, in the circuit court of the county in...
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12-20-29
Section 12-20-29 Substitution of lost, etc., papers or records in civil cases - How made -
After determination of action or proceeding. If, after the determination of any civil action
or proceeding, the original papers, or any part thereof pertaining thereto, which are not
of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such
papers should be lost, mislaid, destroyed or mutilated or if the record of any judgment or
decree of any judicial proceeding or quasi-judicial proceeding, or any part thereof, should
be lost, mislaid, destroyed or mutilated, any party in interest may, on application in writing,
stating the facts, accompanied with the substitute proposed of such lost, mislaid, destroyed
or mutilated paper or record, verified by affidavit, obtain an order of substitution. If the
adverse party is of full age, of sound mind and a resident of the state, notice of the application
and a copy thereof, accompanied with a copy of the proposed...
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43-2-467
Section 43-2-467 Correction of mistake in description of lands sold. (a) When a mistake has
been made in the description of lands of a decedent sold in good faith under an order of the
probate court, either in the petition, order or other proceedings, the court ordering the
sale has authority, on the written application of the purchaser, or his heirs or personal
representatives, or any person holding under him, verified by affidavit, to correct such mistake.
The application must contain a correct description of the lands sold, and must state the facts,
and the names, ages and places of residence of the personal representatives and heirs
or devisees of such decedent, if known, and if there be no personal representative,
that fact must be stated; and, upon the filing of such application, the court must appoint
a day for the hearing, of which, and of the nature of the application, notice must be given,
by personal service, to the personal representative of such decedent, and such
of his...
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