12-13-14
Section 12-13-14 Chief clerk of probate court - Powers generally; authority for performance
of official acts of chief clerk generally. (a) The chief clerk shall have the following powers:
(1) To issue letters testamentary, of administration and of guardianship, where there is no
contest. (2) To administer oaths relating to the business of the court and to take and certify
acknowledgments and proof of instruments authorized to be recorded. (3) To solemnize matrimony,
approve bonds and appoint guardians ad litem. (4) To admit wills to probate and record and
to pass and allow accounts of executors, administrators and guardians, where there is no contest.
(5) To do all other acts and things and perform all other duties, ministerial and judicial,
where there is no contest, that the probate judge may do and perform. (b) All of the official
acts of such chief clerk must be performed in the name of the probate judge, except when there
is a vacancy in that office. (Code 1852, §674; Code 1867,...
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6-5-146
Section 6-5-146 Service of complaint on and answer by defendants; granting of preliminary injunction.
(a) A copy of the complaint, together with a notice of the time and place of the hearing of
the application for a preliminary injunction, shall be served upon the defendants at least
five days before such hearing. If the hearing shall then be continued at the instance of any
defendant, the temporary writ as petitioned for shall be granted as a matter of course. (b)
Each defendant so notified shall serve upon the plaintiff or the attorney filing the complaint
a verified answer on or before the date fixed in said notice for said hearing, and such answer
shall be filed with the register or clerk of the court wherein such case is triable, but the
court or judge may allow additional time for answering, providing such extension of time shall
not prevent the issuing of said temporary writ as petitioned for. (Acts 1919, No. 53, p. 52;
Code 1923, §§9287, 9288; Code 1940, T. 7, §§1098,...
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37-1-154
Section 37-1-154 Bond required upon appeal by utility. If the utility desires to take an appeal
from the judgment of the trial court and to supersede the same, it shall give, in addition
to security for costs, a bond with two or more individual sureties or one surety company,
to be approved by the clerk or register of the court, which bond shall be in an amount and
with the conditions to be prescribed by the judge, and the same shall be payable as prescribed
by law. (Code 1907, §5710; Acts 1909, No. 26, p. 35; Code 1923, §9702; Code 1940, T. 48,
§98.)...
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6-5-148
Section 6-5-148 Closing place pending final decision - Release of property on bond. The owner
or owners of any real property or personal property closed or restrained, or to be closed
or restrained, may appear at any time between the filing of the complaint and the hearing
of the application for a permanent injunction, and, upon payment of all costs incurred and
upon the filing of a bond payable to the state by the owner of the real property, with sureties
or a surety company to be approved by the register or clerk in the full value of the property
to be ascertained by the court or the judge, conditioned that such owner or owners will immediately
abate the nuisance and prevent the same from being established or kept until the decision
of the court or judge shall have been entered on the application for a permanent injunction,
then, in that case, the court or judge, if satisfied of the good faith of the owner of the
real property and of innocence on the part of any owner of the personal...
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6-9-196
Section 6-9-196 Transfer of judgment; right of assignee thereof to have execution; action or
reviver thereon. (a) When the transfer is made by any agent or attorney, the authority of
the agent or the power of attorney shall be in writing duly acknowledged and recorded in the
office of the probate judge and referred to in such transfer by noting the book and page where
recorded. After such transfer, the original plaintiff shall have no further authority or control
over such judgment. (b) If an assignment of a judgment is made or endorsed on the execution
docket or on the margin of the record of the judgment and is attested by the clerk, register
or judge of probate, the assignee may have execution thereon in the name of the plaintiff
for the use of the assignee, whether the plaintiff is living or dead. (c) In all cases where
a transfer of a judgment of a court in this state is made or endorsed on the execution docket
or on the margin of the record of the judgment in the court where...
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26-14-7.1
Section 26-14-7.1 Due process rights for persons under investigation by department. Any person
who comes under investigation by the Department of Human Resources for the abuse or neglect
of a child or children and who is employed by, serves as a volunteer for, holds a license
or certificate for, or is connected with any facility, agency, or home which cares for and
controls any children and which is licensed, approved, or certified by the state, operated
as a state facility, or any public, private, or religious facility or agency that may be exempt
from licensing procedures shall be granted the following due process rights by the Department
of Human Resources: (1) The department shall notify the alleged perpetrator that an investigation
has commenced against him or her after such investigation has officially begun in accordance
with written policies established by the Department of Human Resources. The notice shall be
in writing and shall state the name of the child or children...
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34-3-23
Section 34-3-23 Authority of attorneys in case - Proof. The court or judge may, on motion of
either party and on being shown reasonable grounds therefor, require the attorney for the
adverse party, or for one of the several adverse parties, to produce or prove the authority
under which he or she appears and, until he or she does so, may stay all proceedings by him
or her on behalf of the party for whom he or she assumes to appear; but the oath of the attorney
is presumptive evidence of his or her authority. (Code 1852, §746; Code 1867, §880; Code
1876, §798; Code 1886, §868; Code 1896, §594; Code 1907, §2990; Code 1923, §6255; Code
1940, T. 46, §48.)...
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37-1-150
Section 37-1-150 Bond as condition precedent to issuance of injunction or restraining order.
No judge or court shall grant any preliminary injunction or interlocutory order or process
suspending or restraining any rate or order of the Public Service Commission entered pursuant
to the provisions of this title without requiring as a condition precedent to the issue of
such injunction, order or process, that the company, corporation or person seeking the same
shall, if the injunction or restraining order applied for is for the purpose of restraining
the enforcement of any such rate or order, execute and file with the clerk or register of
said court a good and sufficient bond with sureties, payable to the State of Alabama, in like
amount and payable as provided in respect to supersedeas bonds. The failure to give the injunction
bond or subsequent bonds as provided for in this division shall immediately vacate and render
null and void such injunction or restraining order. (Code 1907,...
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6-5-144
Section 6-5-144 Bond for preliminary injunction or temporary restraining order prior to hearing.
No preliminary injunction or temporary restraining order shall be issued before hearing in
any action commenced by a citizen or citizens under the provisions of this division unless
such citizen or citizens have made bond in such sum as may be fixed by the judge to whom the
application for such injunction or restraining order is made, such bond to be approved by
the register or clerk of the circuit court of the county in which the proceeding is filed
and to be payable and conditioned as provided by the Alabama Rules of Civil Procedure. (Acts
1919, No. 53, p. 52; Code 1923, §9283; Code 1940, T. 7, §1094.)...
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6-6-544
Section 6-6-544 Filing of judgment. The register or clerk shall, within 30 days from the entry
of a judgment under this division, file the same or a certified transcript thereof for record
in the probate court of the county in which the land lies and tax the expense thereof in the
costs of the case. The probate judge shall record the judgment in the same book and manner
in which deeds are recorded and index the names of defendants or parties against whom the
relief is granted in the direct index and the names of the plaintiffs or parties quieted in
possession of the land in the reverse index. (Code 1907, §5447; Code 1923, §9909; Code 1940,
T. 7, §1113.)...
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