43-2-352
Section 43-2-352 Verification of claims. The presentation must be made by filing a verified
claim, or a verified statement thereof, in the office of the judge of probate in which letters
are granted, and the same must be docketed with a note of the date of such presentation; and,
if required, a statement must be given by such judge, showing the date of presentation. Every
such claim or statement thereof so presented must be verified by the oath of the claimant
or some person having knowledge of the correctness thereof, and that the amount claimed is
justly due, or to become due, after allowing all proper credits. Any defect or insufficiency
in the affidavit may be supplied by amendment at any time. All claims not presented within
six months from the granting of letters testamentary or letters of administration shall be
forever barred, and the payment or allowance thereof is prohibited. But this section shall
not apply to claims of executors or administrators to compensation for their...
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18-1A-276
Section 18-1A-276 Hearing; order granting or refusing complaint. The probate court shall conduct
a hearing within 45 days after the filing of the complaint at which, on the day appointed,
or any other day to which the hearing may be continued when necessary to provide reasonable
notice or for other compelling reasons, the probate court must hear the allegations of the
complaint, any objections which may be filed to the granting thereof, and any legal evidence
touching the same and, within 10 days after the hearing, shall make an order granting or refusing
the complaint. (Acts 1985, No. 85-548, p. 802, §1607; Act 2005-168, p. 289, §1.)...
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30-2-8
Section 30-2-8 Proceedings generally; right of remarriage. The proceeding must, in all respects,
be conducted as other civil actions, except as herein otherwise directed. The cause for which
the divorce is sought must be alleged in the complaint, to which the other party must be made
a defendant. If service by publication shall be made, when necessary, in the manner provided
in the Alabama Rules of Civil Procedure. In making his judgment, the judge shall, as the evidence
and the nature of the case may warrant, direct whether the party against whom the judgment
of divorce is made be permitted to marry again, and where in judgments no order is made disallowing
the party the right to marry again, the party shall be deemed to have the right to remarry,
subject to the restrictions set out in Section 30-2-10. In cases where the right is affirmatively
disallowed to the divorced party to remarry, it shall be competent for the judge, upon motion
and proper proof, to allow the moving party to...
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43-2-507
Section 43-2-507 Auditing of account; proof of credits. On the day appointed or any other day
to which the settlement is continued, the court must proceed to examine and audit the account;
and, on such auditing, the executor or administrator must produce satisfactory proof of the
correctness of each item on the credit side of the account which may be made by the affidavit
or oral examination of witnesses or by any other legal evidence. (Code 1852, §§1808-1810;
Code 1867, §§2143-2145; Code 1876, §§2515-2517; Code 1886, §2141; Code 1896, §209; Code
1907, §2674; Code 1923, §5907; Code 1940, T. 61, §302.)...
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43-2-721
Section 43-2-721 Voting procedure generally; proof of claims required. (a) In making the nomination,
each creditor, in person or represented, votes as follows: (1) On claims held by any one creditor,
not exceeding in the aggregate $1,000.00, one vote for each $100.00; and (2) On claims held
by any one creditor, exceeding in the aggregate $1,000.00, 10 votes for the first $1, 000.00,
and one for every additional $500.00. (b) Every creditor is entitled to one vote, and no creditor
to more than 20. (c) The nomination must be made in the presence and under the direction of
the court. The amount of claims held by any creditor must be proved by affidavit, as required
by section 43-2-352. The court may require other evidence of the correctness and amount of
the claim. (Code 1852, §§1841, 1842; Code 1867, §§2190, 2191; Code 1876, §§2562, 2563;
Code 1886, §§2232, 2233; Code 1896, §§300, 301; Code 1907, §§2768, 2769; Code 1923,
§§6007, 6008; Code 1940, T. 61, §§394, 395.)...
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12-21-98
Section 12-21-98 Certificates and transcripts as evidence of land title and facts. All certificates
issued pursuant to any Act of Congress by any county commission, register of a land office
or by anyone authorized by law to issue such certificate, upon any warrant or order of survey
or for any donation or preemption claim, vest the legal title in the holder or his assignee
and must be received as evidence of such title; and all transcripts of any official book,
official entry or other document pertaining to any land office in this state, certified by
the register of such land office, must be received as prima facie evidence of the facts contained
in such transcripts so certified in all the courts of this state. (Code 1852, §2292; Code
1867, §2691; Code 1876, §3043; Code 1886, §2782; Code 1896, §1813; Code 1907, §3980;
Code 1923, §7678; Code 1940, T. 7, §390.)...
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43-2-644
Section 43-2-644 When distribution made; limit on amount. On the day appointed, or on any other
day to which the application may be continued, if the court is satisfied from the evidence
that the assets are more than sufficient to pay the debts and charges, it may make an order
of distribution for such portion of the distributive share of the applicant as may be authorized
by the evidence; but, in making such order, the court must not exceed the share to which the
applicant would be entitled on a final settlement and distribution. (Code 1852, §§1781,
1782; Code 1867, §§2108, 2109; Code 1876, §§2485, 2486; Code 1886, §2202; Code 1896,
§270; Code 1907, §2728; Code 1923, §5967; Code 1940, T. 61, §369.)...
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11-51-72
Section 11-51-72 Procedure for recovery of taxes erroneously paid. Any person or his agent
or the heir or personal representative of such person who owns property subject to taxation
in said municipality and who, through a mistake or error in the assessment or collection of
taxes, has paid to the municipality through the county tax collector money that was not due
from him for taxes may file a petition with the council, board of commissioners, or other
governing body of said municipality asking that a warrant be drawn in his favor refunding
to him the money paid and received by the municipality. The council, board of commissioners,
or other governing body of said municipality shall examine into the facts and evidence offered
by the petitioner in support of the allegations of his petition and, if proper and full proof
of the same is made, the council, board of commissioners, or other governing body of said
municipality must allow said claim to the amount of municipal taxes received and...
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15-21-20
Section 15-21-20 Contesting of return; examination into imprisonment or detention; disposition
of detainee on adjournment of examination; forfeiture of bail. (a) The party on whose behalf
a writ of habeas corpus is sued out may deny any of the facts stated in the return and allege
any other facts which may be material in the case. (b) In a summary way, the court or judge
may examine into the cause of the imprisonment or detention, may hear the evidence adduced
and may adjourn the examination from time to time as the circumstances of the case may require
and, in the meantime, remand the party or commit him to the custody of the sheriff of the
county or place him under such other custody as his age or other circumstances may require,
or, if the character of the charge authorizes it, take bail from him in a sufficient amount
for his appearance from day to day until judgment is given. (c) If the party fails to appear,
as required by his undertaking, an entry of forfeiture must be endorsed...
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24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties' right
to take civil action; amendment of complaint; subpoenas; refusal to allow discovery; hearing;
panel opinion and order; review. (a) If not sooner resolved, the investigator, upon completion
of his investigation, shall submit to ADECA a statement of the facts disclosed by his investigation
and recommend either that the complaint be dismissed or that a panel of office members be
designated to hear the complaint. ADECA, after review of the case file and the statement and
recommendation of the investigator, shall issue an order either of dismissal or for a hearing,
which is not subject to judicial or other further review. (b) If the order is for dismissal,
ADECA shall mail a copy of the order to the complainant and the respondent at their last known
addresses. The complainant may bring an action against the respondent in circuit court within
90 days of the date of the dismissal or within one year...
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