10A-3-7.10
Section 10A-3-7.10 Liquidation - Jurisdiction of court to liquidate assets and affairs of corporation.
(a) The circuit court of the county in which the nonprofit corporation's principal office
is located in this state, and if none in this state, the circuit court for the county in which
the nonprofit corporation's most recent registered office is located shall have full power
to liquidate the assets and affairs of a nonprofit corporation: (1) In an action by a member
or director when it is established: a. That the directors are deadlocked in the management
of the corporate affairs and that irreparable injury to the nonprofit corporation is being
suffered or is threatened by reason thereof, and either that the members are unable to break
the deadlock or there are no members having voting rights; b. That the acts of the directors
or those in control of the nonprofit corporation are illegal, oppressive, or fraudulent; c.
That the members entitled to vote in the election of directors are...
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12-11-40
Section 12-11-40 Proceedings on administration of estates in circuit court. In the administration
of estates in the circuit court in this state, such court, in the exercise of such jurisdiction,
shall proceed according to the Alabama Rules of Civil Procedure and shall, where necessary,
permit service by publication in the manner provided for publication in said rules, without
regard to any of the statutory requirements provided for administration of estates in the
probate court, and shall have power to appoint personal representatives in cases pending in
the circuit court in cases of vacancy. (Acts 1911, No. 536, p. 574; Code 1923, §6476; Code
1940, T. 13, §138.)...
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12-13-37
Section 12-13-37 Appointment of special judge when probate judge incompetent, absent, sick,
etc., generally; powers and duties of special judge and force, effect, etc., of judgments,
orders and decrees thereof. If in any matter or proceeding arising in the probate court or
in reference to which the judge thereof is required to exercise jurisdiction or authority
or to perform a duty the judge is incompetent for any legal cause or shall be absent, sick
or otherwise disqualified from acting, he or his chief clerk must certify the fact of incompetency,
absence, sickness or disqualification to the Chief Justice of the Alabama Supreme Court, and
the Supreme Court shall, upon such certificate, appoint a person possessing the qualifications
of a probate judge to act as special probate judge. Such special judge in relation to such
matter or proceeding shall have the jurisdiction and authority and discharge the duties of
the probate judge, and the judgments, orders and decrees made or rendered...
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18-1A-91
Section 18-1A-91 Contents of answer; preliminary objections. (a) In addition to other matters
required or permitted by law, a defendant may state in an answer: (1) The nature and extent
of the interest claimed by him in the property sought to be taken; and (2) The nature of and
basis for any preliminary objections. (b) The preliminary objections may include any available
ground for objecting to the maintenance of the action, including the grounds that: (1) The
plaintiff is not lawfully entitled to take the defendant's property for the purpose described
in the complaint; (2) A mandatory condition precedent to the commencement or maintenance of
the action has not been satisfied; and (3) The probate court lacks jurisdiction of the defendant
or of the subject matter, or is not the proper venue, or the complaint or any other procedural
aspect of the action is defective, insufficient, or improper. (Acts 1985, No. 85-548, p. 802,
§502.)...
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22-52-1.1
Section 22-52-1.1 Definitions. When used in this article, the following terms shall have the
following meanings, respectively, unless the context clearly indicates otherwise: (1) MENTAL
ILLNESS. A psychiatric disorder of thought and/or mood which significantly impairs judgment,
behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.
Mental illness, as used herein, specifically excludes the primary diagnosis of epilepsy, mental
retardation, substance abuse, including alcoholism, or a developmental disability. (2) STATE
MENTAL HEALTH FACILITY. A mental health facility operated by the Alabama State Department
of Mental Health. (3) DESIGNATED MENTAL HEALTH FACILITY. A mental health facility other than
a state mental health facility designated by the State Department of Mental Health to receive
persons for evaluation, examination, admission, detention or treatment pursuant to the provisions
of this article. (4) COMMISSIONER. The Commissioner of the...
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22-54-4
Section 22-54-4 Return of patients to sources from which received; institutions, courts, etc.,
referring patients to facility to retain constructive jurisdiction over patients; discharge
of patients; applicability of support, commitment and release statutes to patients at facility.
(a) When a patient transferred to the facility from any other state institution or admitted
by request or order of any agency, governmental body or court no longer requires special treatment
in the security setting, the patient may be returned to the source from which received. (b)
The state institution, agency, governmental body or court that referred the patient for hospitalization
shall retain constructive jurisdiction over the patient. (c) Patients without legal encumbrances
may be discharged directly from the facility upon concurrence of the superintendent of the
facility and the head of the referring institution, agency, governmental body or court. (d)
The support, commitment and release statutes...
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26-5-50
Section 26-5-50 Filing of account and vouchers for final settlement with succeeding conservator,
etc., by sureties on bond of conservator. In case of the death of a conservator who has not
made a final settlement of his or her conservatorship and when there shall have not been granted
letters of administration or testamentary on his or her estate, the sureties on his or her
official bond may proceed to make settlement of his or her administration of the estate as
conservator in the probate court having jurisdiction thereof by filing an account and vouchers
for final settlement with the succeeding conservator or cestui que trust or minors and guardian
ad litem where minors are interested. (Code 1923, §5935; Code 1940, T. 21, §155; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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39-7-5
Section 39-7-5 Summary proceedings for review, etc., of sufficiency of petition. The probate
or circuit court or any judge thereof within the county shall have summary jurisdiction upon
complaint of an elector to determine the sufficiency of the petition and shall make such order
as justice may require as to such sufficiency. Such summary proceeding shall be instituted
within 10 days after the petition is filed with the clerk or probate judge. (Acts 1935, No.
40, p. 72; Code 1940, T. 50, §21.)...
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43-2-560
Section 43-2-560 Settlement by sureties of deceased executor or administrator - Filing account
and vouchers. In case of the death of an executor or administrator who had not made a final
settlement of his executorship or administration, and where letters of administration or testamentary
have not been granted on his estate, the sureties on his official bond may proceed to make
settlement of his administration of said estate as executor or administrator in the probate
court having jurisdiction thereof by filing an account and vouchers for final settlement with
the heirs and distributees, or with the administrator de bonis non, or cestui que trust, or
minors and guardian ad litem, where minors are interested. (Acts 1915, No. 98, p. 138; Code
1923, §5935; Code 1940, T. 61, §330.)...
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45-49-85.42
Section 45-49-85.42 Temporary judges of probate. (a)(1) If the regularly elected Judge of Probate
of Mobile County is incompetent from any legal cause, incapacitated, absent or will be absent
from sickness, or otherwise disqualified from acting as judge, the judge of probate or the
chief clerk shall certify the fact of incompetency, incapacity, absence, sickness, or disqualification
to the presiding judge of the circuit court of the county and the presiding judge of the circuit
court, upon that certificate, shall appoint a person learned in the law, practicing and residing
in the county, to act as temporary judge of probate. At any time when the regularly elected
judge of probate of the county files a certificate in the office of the circuit clerk of the
county that he or she is no longer incompetent, from any legal cause, incapacitated, absent,
absent from sickness, or otherwise disqualified from acting as judge, then the regularly elected
judge of probate of the county shall...
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