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35-6-115
Section 35-6-115 Decree of partition or sale; effect on existing liens. (a) If, on the hearing,
the court is satisfied from the evidence that the parties are joint owners or tenants in common
in the crops, a decree must be entered, declaring the interest or share each has therein,
and ordering the crops divided in specie, or sold for division, as may appear from the evidence
more practicable and better for the interests of the parties; and if any liens exist on the
crops, or on any interest or share therein, in favor of any of the parties, such liens, and
the extent and amount thereof, must be declared; and if a division in specie is ordered, such
liens shall be charges only on the shares of the parties against whom they exist, but if a
sale is ordered, the proceeds of the shares or interest upon which they exist, after payment
of their part of the costs, shall be applied to the satisfaction of such liens. (b) When any
lien exists on the crops, or on any share or interest therein, in...
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11-81-223
Section 11-81-223 Hearing and entry of judgment; appeals from judgment of circuit court. At
the time and place designated in said order, the judge of said circuit court shall proceed
to hear and determine all questions of law and of fact in said civil action, and he shall
make such orders as to the proceedings in said civil action and adjournments as will best
conserve the interests of all parties and enable him to enter a final judgment with the least
possible delay. The final judgment shall find the facts specially and shall state separately
the judge's conclusions of law thereon. Any taxpayer or citizen of each organizing subdivision
may appear in such proceedings either personally or by attorney, and any party thereto, whether
petitioner, defendant or intervenor, dissatisfied with the judgment of the court, may appeal
therefrom to the Alabama Supreme Court in accordance with the Alabama Rules of Appellate Procedure.
Such appeal shall take priority in the Supreme Court over all...
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35-6-62
Section 35-6-62 Sale instead of partition - Decree and orders; appointment of commissioner;
conduct of sale. If, upon the hearing, the court is satisfied from the proof that such property
cannot be equitably divided or partitioned among the parties in interest, it must decree the
same to be sold, and make and issue all such orders as may be necessary to effect the sale
thereof, and appoint a suitable commissioner to make the sale; and the sale shall be conducted,
the purchase money collected, conveyance of the title made and all proceedings subsequent
to the sale conducted in every respect as is done when property in the hands of an executor
or administrator is to be distributed. (Code 1867, §3124; Code 1876, §3518; Code 1886, §3257;
Code 1896, §3182; Code 1907, §5226; Code 1923, §9326; Code 1940, T. 47, §214.)...
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17-16-46
Section 17-16-46 Procedure for examination of ballots, voting machines, etc.; bond. In all
election contests involving elections other than party primaries or runoffs: (1) The examining
person or candidate seeking to examine the ballots, electronic voting machines, or electronic
voting machine computations or printouts must move, within 10 days of the filing of the contest,
the court before whom the election contest is pending for an examination. The court shall
set a hearing on the motion for examination which must take place within 10 days after service
of the motion on the parties and candidates involved in the election contest. The hearing
shall be held to determine the procedures to be used for the examination and the court shall,
within five days after the hearing, set forth the procedures for the examination. Absent a
subsequent court order extending the time for reasonable cause shown, the examination must
be finished within 15 days of the court order which sets forth the...
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2-31-15
Section 2-31-15 Judicial review of ruling of commissioner; appeal from circuit court. Within
10 days after the conclusion of the hearing the commissioner shall notify all parties of his
ruling. Said notification shall be in writing. Within 30 days after notification any party
may appeal the commissioner's ruling to the Circuit Court of Montgomery County. The appeal
shall be heard only on the certified record of the hearing and the commissioner's ruling shall
be considered prima facie just and correct and shall not be overturned unless the circuit
court finds that the commissioner's action was arbitrary and capricious, not supported by
the weight of the evidence or that the commissioner erred to the prejudice of the appellant's
substantial rights in his application of the law. Appeals from action by the circuit court
shall be directly to the Alabama Court of Civil Appeals and no security for costs shall be
required of the commissioner. (Acts 1981, No. 81-391, p. 611, §15.)...
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32-5-200
Section 32-5-200 Consent to blood test; definitions; incapacity; refusal to submit to test;
notice of suspension, etc., of license; hearing; appeal. (a) Any person who operates a motor
vehicle on the public highways of this state who is involved in an accident that results in
death or a serious physical injury to any person shall be deemed to have given consent to
a test of his or her blood for the purpose of determining the alcoholic content of his or
her blood or the presence of amphetamines, opiates, or cannabis. The test or tests shall be
administered at the direction of a law enforcement officer having reasonable grounds to believe
that the person, while driving a motor vehicle on the public highways of this state, was under
the influence of alcohol, amphetamines, opiates, or cannabis. The person shall be informed
by the law enforcement officer who is investigating the accident that failure to submit to
a test will result in the suspension of his or her privilege to operate a...
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32-8-88
Section 32-8-88 Motor vehicle theft facility prohibited; definitions; seizure and forfeiture
of property; disposition of proceeds of forfeiture sale. (a) For the purposes of this section,
the following definitions shall apply: (1) A theft facility means any area, building, storage
lot, field, or any other premises or place where one or more persons are engaged in altering,
dismantling, reassembling or in any way concealing or disguising the identity of a stolen
motor vehicle; or any area, building storage lot, field, or any other premises or place where
there are three or more stolen motor vehicles present or where there are component parts from
three or more stolen vehicles present. (2) For the purpose of this section, "major component
part" means one of the following sub-assemblies of a motor vehicle regardless of its
actual market value; front end assembly, including fenders, grill, hood, bumper and related
parts; engine; transmission; T-Tops; rear clip assembly, including quarter...
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17-16-57
Section 17-16-57 Contest of election of judge of probate court and other county and municipal
officers - Court open at all times. For the purpose of hearing and determining any contest
instituted under the provisions of Section 17-16-56, the circuit court shall at all times
be open. (Acts 1911, No. 202, p. 195; Code 1923, §560; Code 1940, T. 17, §246; §17-15-30;
amended and renumbered by Act 2006-570, p. 1331, §83.)...
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45-49A-62.02
Section 45-49A-62.02 Abatement and removal of inoperable motor vehicles from private property
as public nuisances. (a) For purposes of this section, the term inoperable motor vehicle shall
mean any motor vehicle, trailer, recreational vehicle, camper, or semi-trailer that has remained
on private property and in view of the general public for 30 days or any greater period fixed
by the municipality and is inoperable in that one or more of its major mechanical components
including, but not limited to, engine, transmission, drive train, or wheels, are missing or
are not functional, or the vehicle otherwise constitutes a nuisance. An inoperable motor vehicle
shall not be deemed a nuisance under any of the following circumstances: (1) The motor vehicle
has been rendered temporarily incapable of being driven under its own motor power in order
to perform ordinary service or repair operations. (2) The motor vehicle is on the premises
of a place of business engaged in the wrecking or junking of...
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8-20A-1
Section 8-20A-1 Definitions. As used in this chapter, the following terms shall have the respective
meanings as indicated: (1) CONSUMER. The purchaser, other than for purposes of resale, of
a new or previously untitled motor vehicle used in substantial part for personal, family,
or household purposes, and any other person entitled by the terms of such warranty to enforce
the obligations of the warranty. (2) MOTOR VEHICLE. Every vehicle intended primarily for use
and operation on the public highways which is self-propelled; provided, however, that the
term "motor vehicle" shall not apply to motor homes or to any motor vehicle having
a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more. (3) MANUFACTURER.
The person, firm, or corporation engaged in the business of manufacturing, importing and/or
distributing motor vehicles to be made available to a motor vehicle dealer for retail sale.
(4) MOTOR VEHICLE DEALER or AUTHORIZED DEALER. The person, firm, or corporation...
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