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12-22-40
Section 12-22-40 Recording of order fixing supersedeas bond; failure to make or record same.
The order of the judge, register or clerk fixing the amount of a supersedeas bond, pursuant
to the Alabama Rules of Appellate Procedure, must be filed and entered by the clerk or register
on the minutes of the court, but the failure to make such order or, if made, to file or record
the same shall not impair the validity or obligation of any bond which is given as a security
by which an appeal and a stay of execution are in fact obtained. (Code 1852, §3020; Code
1867, §3490; Code 1876, §3928; Code 1886, §3626; Code 1896, §443; Code 1907, §2876; Code
1923, §6135; Code 1940, T. 7, §796.)...
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19-3-38
Section 19-3-38 Admissibility of evidence at hearings; exceptions; appeals. Upon a hearing
before the register or clerk under any of the provisions of this article, any competent legal
evidence, written or oral, may be received. All such evidence must be noted and oral testimony
reduced to writing by the register or clerk. Within 10 days thereafter, either party may file
exceptions to the action or conclusion of the register or clerk, and may have the same reviewed
by the circuit judge upon 10 days' notice to the other party, such review to be without any
presumption in favor of the correctness of the action or conclusion of the register or clerk.
From the decision of the circuit judge thereon an appeal lies to the court of civil appeals
or the supreme court within 42 days. (Code 1896, §4170; Code 1907, §6072; Code 1923, §10409;
Code 1940, T. 58, §26.)...
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30-1-12
Section 30-1-12 Judge of probate to maintain register of marriages. The judge of probate must
keep a book, in which shall be registered all marriages filed in the office. The judge of
probate shall record, in a permanent record, all marriages presented to the probate court
and shall forward the original documentation to the Office of Vital Statistics in accordance
with Section 22-9A-17. (Code 1852, §1951; Code 1867, §2340; Code 1876, §2679; Code 1886,
§2316; Code 1896, §2846; Code 1907, §4886; Code 1923, §9000; Code 1940, T. 34, §11; Act
2019-340, §1.)...
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36-14-13
Section 36-14-13 Acts and resolutions of Legislature - Distribution of additional copies, and
sale of surplus copies; electronic distribution. (a) The Secretary of State must also transmit
to the chair of the county commission and the judges of probate of each county, for such judge,
each member of the Legislature, clerk of any court of record, sheriff, and register of the
circuit court, one copy of each volume. The remaining copies must be sold as other books and
documents, the property of the state, at a price to be established by the Secretary of State,
and the proceeds thereof paid into the Treasury. (b)(1) In lieu of binding and distributing
copies of each volume of acts and resolutions as required under subsection (a), the distribution
may be made by electronic means, including the posting of the acts and resolutions on the
public website of the Secretary of State. (2) If the Secretary of State elects to distribute
copies of each volume of acts and resolutions by electronic means...
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43-2-252
Section 43-2-252 Execution on money decree or judgment. When such decree or judgment is for
the recovery of money and the estate has no executor or administrator, execution shall issue
thereon in favor of the administrator ad litem for the use of the estate, and the money, when
collected, shall be paid by the officer to the judge of the probate court, or to the clerk
or register of the circuit or other court having jurisdiction, from which the execution issued.
The party against whom such decree or judgment is rendered may pay the same to such judge,
clerk or register, before the issue of execution, whose receipt to him therefor shall be a
full discharge of such decree or judgment. (Code 1876, §2626; Code 1886, §2285; Code 1896,
§354; Code 1907, §2820; Code 1923, §6059; Code 1940, T. 61, §167.)...
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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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26-8-51
Section 26-8-51 Sale of property to effect removal thereof from state - Disposition of proceeds
from sale; compensation of commissioner. The commissioner must, as soon as practicable after
the receipt of the purchase money for the property sold by him or her, pay the same to the
judge of probate or register or clerk, as the case may be, of the court ordering the sale,
and such money must be retained and safely kept by such judge or register or clerk until the
sale has been duly confirmed or vacated. If the sale is vacated, the purchase money must be,
by such judge or register or clerk, returned to the purchaser. If the sale is confirmed, such
money must be by such officer paid over to the foreign conservator entitled to receive the
same, after deducting therefrom the costs and expenses attending the sale, including compensation
to the commissioner in the amount of two and one-half percent upon the proceeds of such sale,
but in no case more than $100. (Code 1896, §2385; Code 1907,...
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6-5-154
Section 6-5-154 Violations constituting contempt; proceedings thereon. (a) In case of the violation
of any injunction or closing order granted under the provisions of this division or of any
restraining order or the commission of any contempt of court in proceedings under this division,
the court or the judge thereof may try and punish the offender. The proceedings shall be commenced
by filing with the register or clerk of the court a complaint under oath setting out and alleging
facts constituting such violation, upon which the court or judge shall cause a warrant to
issue, under which the defendant shall be arrested; he may be released on bond, pending the
hearing, to be fixed by the judge. The trial may be had upon affidavits or either party may
demand the production and oral examination of witnesses. (b) A party found guilty of contempt
under the provisions of this section shall be punished by a fine of not less than $100 nor
more than $200, or by imprisonment in the county jail...
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6-6-165
Section 6-6-165 Return - Where execution issued from probate court; trial in circuit court;
return of execution on forfeited bond. (a) If the levy was made under execution issued from
the probate court, the sheriff must return the original execution to the court from which
it issued with an endorsement thereon showing the interposition of the claim, and he must
return a copy of the execution and of the returns thereon, the affidavit and the bond to the
circuit court of his county, where, after 30 days, the trial of the right of property must
be had according to the provisions of this article. (b) If, in the case provided for in subsection
(a) of this section, the bond is forfeited, the execution on the forfeited bond must be made
returnable to the court from which the original process issued, of which and of the time of
its receipt by the sheriff the clerk must give the judge of probate written notice, which
shall be presumptive evidence of the fact against the sheriff. (Code 1852,...
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11-51-14
Section 11-51-14 Entry of judgment by circuit court; sale of property for payment of taxes,
etc., generally. If no pleadings setting up a defense shall be filed by the owner of the property
within 30 days after publication has been perfected or within 30 days after service of the
notice by the sheriff, then without further proof a final judgment shall be entered by the
circuit judge adjudging such property liable for such taxes and directing the register or
clerk to sell such property for the payment of the taxes, charges, penalties, interest, and
costs that are charged thereon unless the amount due and the costs shall have been paid to
the register or clerk before the sale. Such sale shall be made as in other civil actions and
need not be confirmed by the court. The judge may consolidate actions against property assessed
to the same owner and may designate the property which shall be sold to pay to the taxes,
charges, interest, penalties and costs charged to all. If any defense is...
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