|
6-3-8
Section 6-3-8 Venue of actions - Breach of official bond. (a) At the election of the Attorney
General, all actions of summary proceedings by or for the use of the state founded on breach
of the official bond of a state officer or a former state officer, of a tax collector or former
tax collector, of a judge of probate or former judge of probate, of a tax assessor or former
tax assessor, or clerk of the circuit court or former clerk of the circuit court may be commenced
in the circuit court of Montgomery County or in a court of the county in which any one of
the obligors in such bond may reside. (b) An action on the official bond executed by a sheriff
or any deputy sheriff may be commenced only in the county of residence of the principal or
in the county in which he resided at the time of the execution of the same; provided, that
if the act complained of was committed in some county other than the county in which he resided,
then such action may be commenced in the county where such act...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-3-8.htm - 1K - Match Info - Similar pages
15-12-21
Section 15-12-21 Appointment and compensation of counsel - Trial court. (a) If it appears to
the trial court that an indigent defendant is entitled to counsel, that the indigent defendant
does not expressly waive the right to assistance of counsel, and that the indigent defendant
is not able financially or otherwise to obtain the assistance of counsel through another indigent
defense system for the circuit, the court shall appoint counsel to represent and assist the
defendant. It shall be the duty of the appointed counsel, as an officer of the court and as
a member of the bar, to represent and assist the indigent defendant to the best of his or
her ability. (b) If it appears to the trial court in a delinquency case, need of supervision
case, or other judicial proceeding in which a juvenile is a party, that the juvenile is entitled
to counsel and that the juvenile is not able financially or otherwise to obtain the assistance
of counsel or that appointed counsel is otherwise required by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-21.htm - 6K - Match Info - Similar pages
36-25-13
Section 36-25-13 Actions of former public officials or public employees prohibited for two
years after departure. (a) No public official shall serve for a fee as a lobbyist or otherwise
represent clients, including his or her employer before the board, agency, commission, department,
or legislative body, of which he or she is a former member for a period of two years after
he or she leaves such membership. For the purposes of this subsection, such prohibition shall
not include a former member of the Alabama judiciary who as an attorney represents a client
in a legal, non-lobbying capacity. (b) Notwithstanding the provisions of subsection (a), no
public official elected to a term of office shall serve for a fee as a lobbyist or otherwise
represent clients, including his or her employer, before the board, agency, commission, department,
or legislative body of which he or she is a former member for a period of two years following
the term of office for which he or she was elected,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-25-13.htm - 6K - Match Info - Similar pages
10A-3-2.44
Section 10A-3-2.44 Assertion of lack of capacity or power; defense of ultra vires No act of
a nonprofit corporation and no conveyance or transfer of real or personal property to or by
a nonprofit corporation shall be invalid by reason of the fact that the corporation was without
capacity of power to do an act or to make or receive a conveyance or transfer, but lack of
capacity of power may be asserted: (1) In a proceeding by a member or a director against the
nonprofit corporation to enjoin the doing or continuation of unauthorized acts, or the transfer
of real or personal property by or to the nonprofit corporation. If the unauthorized acts
or transfer sought to be enjoined are being, or are to be, performed pursuant to any contract
to which the nonprofit corporation is a party, the court may, if all of the parties to the
contract are parties to the proceeding and if it deems the same to be equitable, set aside
and enjoin the performance of the contract, and in so doing may allow to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-3-2.44.htm - 2K - Match Info - Similar pages
6-6-591
Section 6-6-591 Right of action and venue - Usurpation, etc., of office or franchise, etc.
(a) An action may be commenced in the name of the state against the party offending in the
following cases: (1) When any person usurps, intrudes into or unlawfully holds or exercises
any public office, civil or military, any franchise, any profession requiring a license, certificate,
or other legal authorization within this state or any office in a corporation created by the
authority of this state; (2) When any public officer, civil or military, has done or suffered
any act by which, under the law, he forfeits his office; or (3) When any association, or number
of persons, acts within this state as a corporation without being duly incorporated. (b) The
judge of the circuit court may direct the action to be commenced when he believes that any
of the acts specified in subsection (a) of this section can be proved and it is necessary
for the public good, or it may be commenced without the direction...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-591.htm - 2K - Match Info - Similar pages
15-12-22
Section 15-12-22 Appointment and compensation of counsel - Appeals. (a) In all criminal cases
wherein an indigent defendant has an appeal which lies directly to an appellate court and
the indigent defendant expresses his or her desire to appeal, the court shall cause to be
entered upon its minutes a recital of notice of appeal. (b) If it appears that the indigent
defendant desires to appeal and is unable financially or otherwise to obtain the assistance
of counsel on appeal and the indigent defendant expresses the desire for assistance of counsel,
the trial court shall appoint counsel to represent and assist the indigent defendant on appeal,
through the indigent defense system for such cases. The presiding judge of the court to which
the appeal is taken shall have authority to appoint counsel through the indigent defense system
for such cases in the event the trial court fails to appoint and in the event it becomes necessary
to further provide for counsel. It shall be the duty of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-22.htm - 4K - Match Info - Similar pages
10A-2-3.04
Section 10A-2-3.04 Ultra vires. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Except as provided in subsection
(b), the validity of corporate action may not be challenged on the ground that the corporation
lacks or lacked power to act. (b) A corporation's power to act may be challenged: (1) In a
proceeding by a shareholder against the corporation to enjoin the act; (2) In a proceeding
by the corporation, directly, derivatively, or through a receiver, trustee, or other legal
representative, against an incumbent or former director, officer, employee, or agent of the
corporation; or (3) In a proceeding by the Attorney General under Section 10A-2-14.30. (c)
In a shareholder's proceeding under subsection (b)(1) to enjoin an unauthorized corporate
act, the court may enjoin or set aside the act, if equitable and if all affected persons are
parties to the proceeding, and may award damages for loss, other than...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2-3.04.htm - 1K - Match Info - Similar pages
31-2-88
Section 31-2-88 Pay and subsistence for National Guard and Naval Militia in active military
or naval service of state. Officers, warrant officers, and enlisted personnel of the National
Guard and Naval Militia, when employed in the active military or naval service of the state,
as defined and provided in this chapter, are entitled to pay for such service, which will
begin on the day of assembly at the armories or other designated places and will continue
until the day of return thereto and proper relief. Fractional parts of a day will count as
a full day. The reckoning of a day will be from midnight to the subsequent midnight. Pay of
officers, warrant officers and enlisted personnel of the National Guard shall be that rate
now or hereafter authorized by the Department of Defense for members of the regular Armed
Forces of the United States while the National Guard is on active military service for the
state, but no member paid under the provisions of this section shall be paid less than...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2-88.htm - 2K - Match Info - Similar pages
12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender may be
admitted into a pretrial diversion program established under this division, it shall be appropriate
for the district attorney to consider any of the following circumstances: (1) If the offender
is 18 years of age or older at the time the offense was committed. (2) There is a probability
justice will be served if the offender is placed in the pretrial diversion program. (3) It
is determined the needs of the community and of the offender can be met through the pretrial
diversion program. (4) The offender appears to pose no substantial threat to the safety and
well-being of the community or law enforcement. (5) The offender is not likely to be involved
in further criminal activity. (6) The offender will likely respond to rehabilitative treatment.
(7) The expressed wish of the victim for the offender to participate in the pretrial diversion
program. (8) Undue hardship upon the victim. (9) Whether the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.3.htm - 3K - Match Info - Similar pages
27-27-3
Section 27-27-3 Power of domestic insurers to indemnify directors, etc. Without limiting the
powers and authorities of domestic insurers, as provided in Section 27-27-61, a domestic insurer
shall have the power and is hereby authorized to indemnify any director, officer, or employee,
or former director, officer, or employee of the corporation, or any person who may have served
at its request as a director or officer of another corporation in which it owns shares of
capital stock or of which it is a creditor against expenses actually and reasonably incurred
by him in connection with the defense of any action or proceeding, civil or criminal, in which
he is made a party by reason of being, or having been, such director or officer, except in
relation to matters as to which he shall be adjudged in such action or proceeding to be liable
for negligence or misconduct in the performance of duty to the corporation and to make any
other indemnification that shall be authorized by the articles of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-27-3.htm - 1K - Match Info - Similar pages
|