6-6-661
Section 6-6-661 Venue. The summary remedies given in this article must be enforced in the manner
following, except in cases otherwise specially provided in this article: (1) When the motion
is against a sheriff, coroner, clerk, or other officer of court, or their sureties, the motion
must be made in the circuit court of the county in which such officer was acting officially
at the time of the default or in the court to which the process was returnable when the default
consists in the failure to execute or return process or to pay over money collected thereon;
and (2) In all other cases not specially provided for, the motion must be made in the circuit
court of the county in which the person moved against resides or, if he has no permanent residence,
then in any county where he may be found. (Code 1852, §2600; Code 1867, §3029; Code 1876,
§3355; Code 1886, §3099; Code 1896, §3767; Code 1907, §5903; Code 1923, §10230; Code
1940, T. 7, §594.)...
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6-7-103
Section 6-7-103 Action for improper appointment of guardians ad litem; statute of limitations
thereon; liability for suggestion of appointment by plaintiff, etc. (a) Any judge, register,
clerk, or other officer who shall knowingly appoint any person as guardian ad litem for any
infant or non compos mentis in violation of the provisions of the Alabama Rules of Civil Procedure,
shall be liable to a penalty of $200, which may be recovered by such infant or non compos
mentis, or his next friend suing for him, in an action in any court having jurisdiction of
civil actions for such amount. Such a claim shall not be barred by the statute of limitations
until after two years after the arrival of the infant at the age of 19 years or the restoration
of the non compos mentis to sanity. (b) Any plaintiff or petitioner, his attorney, or counsel,
or any person for him who shall suggest or nominate a guardian ad litem in any action commenced
by such plaintiff or petitioner shall be liable to the same...
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11-51-12
Section 11-51-12 Filing of list in circuit court; entry of civil actions for assessments on
trial docket; issuance, execution, and return of summons notifying owners of institution of
proceedings against property generally. Such lists shall be filed with the register or clerk
of the circuit court. The register or clerk shall cause to be entered on the trial docket
in such court in a well-bound book kept for that purpose a civil action for each assessment
of property of the city or town against such property so assessed. Said docket shall show
the amount of the taxes sought to be collected, a description of the property and the name
of the owner, if known. Upon the filing of the certificate, the register or clerk is directed
to issue a summons, as in other civil actions, containing a description of the property and
notifying each owner of the filing of the proceedings against his property. Only one summons,
however, shall be necessary if two or more pieces of property are assessed to...
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12-13-15
Section 12-13-15 Chief clerk of probate court - Acts which may be performed by chief clerk
during vacancy in office of probate judge; authority, compensation and liability of chief
clerk for acts performed during such vacancy. Whenever a vacancy shall occur in the office
of the probate judge, the chief clerk in that office, appointed and qualified as authorized
by law, shall, during such vacancy and until the qualification of a lawful successor, perform
all the duties of that office which he is authorized by law to perform when there is no vacancy,
but must not receive money on decrees or executions or become the custodian of trust funds
pertaining to the court. He may make all necessary orders for the continuances of cases and
proceedings pending in the court. All such duties are to be performed, during such vacancy,
by such chief clerk in his own name as clerk of the probate court, and he is entitled to the
lawful fees therefor. For his official acts under this article, such chief...
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12-22-170
Section 12-22-170 Stay of sentence when question of law reserved and admission to bail - Felonies.
When any question of law is reserved in case of a felony and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered against the defendant, but execution thereof must be stayed pending the appeal
and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the
judge must direct the clerk of the court in which the conviction is had to admit the defendant
to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance
at the court, from time to time thereafter, as fixed by the court to abide such judgement
as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this
section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876,...
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12-22-25
Section 12-22-25 Security for costs of appeal. In all other cases in which an appeal is taken
under the provisions of this division, the appellant, or someone for him, must give security
for the costs of such appeal, to be approved by the probate judge or the clerk of the circuit
court, as the case may be, and the names of such sureties must be certified with the record
to the appellate court, but the filing of security for costs is not a jurisdictional prerequisite.
If the appellant fails to prosecute his appeal or the judgment is not reversed or is entered
against him for a less amount than the judgment of the court from which the appeal is taken,
execution may issue against him and such sureties for the costs of the appeal. (Code 1852,
§1898; Code 1867, §2257; Code 1876, §3967; Code 1886, §3647; Code 1896, §464; Code 1907,
§2862; Code 1923, §6121; Code 1940, T. 7, §782.)...
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15-13-7
Section 15-13-7 Amount to be endorsed on writ of arrest. When a writ of arrest is issued upon
an indictment, the clerk issuing the writ must endorse thereon an order to the sheriff to
take bail of the defendant in the amount fixed by the judge and endorsed by him on the indictment.
(Code 1897, §4352; Code 1907, §6332; Code 1923, §3365; Code 1940, T. 15, §190; Acts 1949,
No. 199, p. 230.)...
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15-8-70
Section 15-8-70 Presentation to court and endorsement; limitations on entry in minutes and
inspection. All indictments must be presented to the court by the foreman of the grand jury
in the presence of at least 11 other jurors, must be endorsed "filed" and must have
the endorsement dated and signed by the clerk; but no entry of an indictment found must be
made on the minutes, nor must any indictment be inspected by any other person than the district
attorney, the presiding judge and the clerk of the court until the defendant has been arrested
or has given bail for his appearance. (Code 1852, §598; Code 1867, §4148; Code 1876, §4821;
Code 1886, §4386; Code 1896, §4914; Code 1907, §7152; Code 1923, §4547; Code 1940, T.
15, §250.)...
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17-16-54
Section 17-16-54 Contest of election of judge of circuit or district court - Procedure generally.
If the contest is of an election to the office of judge of the circuit court or of the district
court, the party contesting must file in the office of the judge of probate of the county
of the residence of the person declared elected, a statement in writing of the grounds of
contest, verified by affidavit, as prescribed in this article, and must give good and sufficient
security for the costs of the contest, to be approved by the judge of probate. On the filing
of the statement and the giving of the security, the judge of probate must endorse thereon
an order appointing a day for the trial of the contest, not less than 30 nor more than 50
days from the day of the reception of the certified statement and fixing the place of trial,
which must be at some place in the circuit or district in which the election was held, and
where a circuit or district court is required to be held, and must...
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40-1-42
Section 40-1-42 Overpayments into State Treasury. The Comptroller must draw his warrant on
the State Treasurer in favor of any judge of probate, tax collector, county treasurer, clerk
of the circuit court, or other officer paying money into the State Treasury for any amount
overpaid into the Treasury by such judge of probate, tax collector, county treasurer, clerk
of the circuit court, or other officer. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §338.)...

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