12-22-3
Section 12-22-3 Judgments or decrees of abolished courts of record. If a court of record ceases
to exist by reason of the repeal of the statute creating it and, while existing, rendered
a judgment or decree from which an appeal would lie, within the time prescribed by law, an
appeal therefrom may be taken by filing a notice of appeal with the clerk or register of the
court to which the unfinished business or the records of such inferior court may be transferred
as if such judgment or decree had been rendered in the court having the jurisdiction of such
unfinished business or the custody of such records. In the event of the reversal of such judgment
or decree, the remandment of the case must be to the latter court. (Code 1876, §§3919, 3920;
Code 1886, §3618; Code 1896, §435; Code 1907, §2847; Code 1923, §6089; Code 1940, T. 7,
§753.)...
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39-7-6
Section 39-7-6 Publication of notice of filing of petition and of question to be submitted
to voters at election. The clerk or probate judge shall give notice of the submission of the
question by causing notice of the filing of the petition and the question to be submitted
to be published at least once on the same day of each week for three consecutive weeks in
a newspaper of general circulation in the territory. (Acts 1935, No. 40, p. 72; Code 1940,
T. 50, §24.)...
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43-2-413
Section 43-2-413 Notice of sale. When the application is granted for the sale of any personal
property, the executor or administrator must give notice of the day, place and terms of sale,
and a description of the property to be sold, by advertisement for three successive weeks
in some newspaper published in the county where the sale is to take place, or, by posting
notice at the courthouse door and at three other public places in the county. But when the
property is perishable, or the expense of keeping it is very great, the sale may be made after
five days' notice, which may be given by one insertion in a newspaper published in the county
where the sale is to take place, or, if there be no such paper, by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this article, the court may direct the giving of notice by printed handbills, or posters,
to be distributed and posted in the manner best calculated to give extended...
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43-2-62
Section 43-2-62 Penalty for failure to give notice. It is the duty of the judge of probate
to see that such publication is duly made; and any executor or administrator failing to make
the same must not be allowed any compensation as such; and he and his sureties are liable,
on proof that such notice has not been given, to any creditor for the amount which he would
have been entitled to out of the assets of the estate had his claim been duly presented. (Code
1852, §1736; Code 1867, §2059; Code 1876, §2428; Code 1886, §2077; Code 1896, §124; Code
1907, §2588; Code 1923, §5813; Code 1940, T. 61, §95.)...
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6-9-120
Section 6-9-120 Return showing goods levied on unsold; issuance of writ; form of writ. When
goods levied on remain in the hands of the officer unsold, it is his duty to make return of
the fact; and, thereupon, the clerk must issue a writ for the sale thereof in substance as
follows: The State of Alabama, _____ County. To the Sheriff of said County: You are hereby
commanded to sell those goods and chattels of _____, which you have taken pursuant to our
command, and which, according to your return, remain in your hands unsold, to satisfy _____
the sum of _____ dollars, recovered by him of the said _____ by the judgment of our circuit
(or district) court, held for the County of _____ on the _____ day of _____, 19__, and _____
dollars, cost of the action; and make return of this writ and execution thereof according
to law. Witness my hand, this _____ day of _____, 19__. _____ Clerk or Register. (Code 1852,
§2454; Code 1867, §2868; Code 1876, §3206; Code 1886, §2915; Code 1896, §1913;...
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6-9-160
Section 6-9-160 Restoration of property levied on to debtor upon executing bond; execution
on forfeiture of bond; exception. (a) When personal property is levied on by the sheriff,
if the defendant executes bond with sufficient surety in double the amount of the execution
payable to the plaintiff and conditioned to deliver the property levied on to the proper officer
by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must
restore the property to the defendant. (b) If the property is not delivered according to the
condition of the bond, the sheriff must return it forfeited within five days thereafter to
the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture
of the bond; and it is then the duty of the clerk or register, without delay, to issue execution
on the forfeited bond against all the obligors therein for the judgment and costs, upon which
no security of any kind can be taken, which he must endorse on the...
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12-20-28
Section 12-20-28 Substitution of lost, etc., papers or records in civil cases - How made -
In pending action or proceeding. If the action or proceeding in which the substitution of
a lost, mislaid, destroyed or mutilated original paper is proposed is pending and undetermined,
the substitution must be made on notice of not less than one day to the adverse party or his
attorney of record, if he has such an attorney, accompanied with a copy of the paper offered
in substitution; but, if such adverse party or his attorney of record does not reside in the
county, notice may be given by the filing of the paper and the entry of a motion to substitute,
or the filing of such motion, for one day prior to the making thereof. On the hearing of such
motion, affidavits and counter affidavits may be received as to the correctness of the proposed
substitute. (Code 1886, §657; Code 1896, §2648; Code 1907, §5740; Code 1923, §10133; Code
1940, T. 7, §9.)...
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27-2-32
Section 27-2-32 Hearings - Appeals. (a) An appeal from the commissioner shall be taken only
from an order on hearing, or as to a matter on which the commissioner has refused or failed
to hold a hearing after demand therefor under Section 27-2-28 or as to a matter as to which
the commissioner has refused or failed to make his order on hearing as required by Section
27-2-31. Any person who was a party to such hearing or whose pecuniary interests are directly
and immediately affected by any such refusal or failure to grant or hold a hearing and who
is aggrieved by such order, refusal, or failure may appeal from such order or as to any such
matter within 30 days after: (1) The order on hearing has been mailed or delivered to the
persons entitled to receive the same; (2) The commissioner's order denying rehearing or reargument
has been so mailed or delivered; (3) The commissioner has refused or failed to make his order
on hearing as required under Section 27-2-31; or (4) The commissioner...
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40-10-5
Section 40-10-5 Notice to taxpayer - When assessment is "owner unknown." When any
assessment is made to an "owner unknown," notice must be given by publication once
a week for three successive weeks in a newspaper published in the county, or if no newspaper
is published therein, by posting the same at the courthouse of the county for three weeks,
substantially in the following form: "The State of Alabama. (Here give name of county)
County. To whom it may concern: Take notice that the tax collector has filed in my office
a list of delinquent taxpayers and of real estate upon which taxes are due, and therein is
reported as assessed to 'owner unknown' the following real estate, to-wit: (here insert descriptions).
This is to notify you to appear before the probate court of this county, at the next term
thereof, commencing on Monday, the_____ day of _____, 2__, then and there to show cause, if
any you have, why a decree for sale of said real estate should not be made for the payment
of the...
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42-2-3
if he resides without the state or has been absent from the state or beyond the jurisdiction
of the court in which the application is made for six months next before the time of the filing
of the application in said court, notice may be given by advertisement in any newspaper published
in the county or, if there be no newspaper published in the county, by posting notice at the
courthouse and three other public places for at least three weeks before the day appointed
for the hearing. If the owner is an infant or of unsound mind, notice must be served on his
guardian, if any he have, resident in the state, but if he resides in the state and has no
such guardian, then the person who may have him in charge or with whom he may reside. If the
owner is dead and the lands are in the possession or under the control of his personal
representative, notice must be served on such representative and on the heirs at law of the
decedent. (Code 1907, §2416; Code 1923, §3150; Code 1940, T. 59, §6.)...
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