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12-11-60
Section 12-11-60 Settlements of estates. (a) When any error of law or fact has occurred in
the settlement of any estate of a decedent to the injury of any party, without any fault or
neglect on his part, such party may correct such error by filing a complaint in the circuit
court within two years after the final settlement thereof. The evidence filed in the probate
court in relation to such settlement must be received as evidence in the circuit court, with
such other evidence as may be adduced. A failure to appeal from the decree of the probate
court shall not be held to be such fault or neglect as will bar the plaintiff the remedy herein
provided. (b) The limitations of subsection (a) of this section do not extend to infants or
persons of unsound mind who are allowed two years after the termination of their respective
disabilities, but in no case to exceed 20 years. (c) Errors of law or fact in the settlement
of accounts of guardians may be corrected in the circuit court according to...
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12-17-216
Section 12-17-216 Oath of office; powers and duties. Supernumerary district attorneys shall
take the oath of office prescribed by the constitution for judicial officers and shall have
and exercise all the duties, power and authority of district attorneys of the judicial circuits
or circuit courts and shall, upon request of the Governor, the Chief Justice of the Supreme
Court or the Attorney General, conduct investigations, attend any regular, adjourned or special
session of any circuit court in any of the judicial circuits of Alabama for the investigation
of or the prosecution of any criminal case or the prosecution or defense of any case in which
the state is interested. The Governor, any member of the Supreme Court or courts of appeals
or the Attorney General may request a supernumerary district attorney to perform duties as
those prescribed for assistant attorneys general, either in their respective offices or at
such other places within or without the state as such officials may...
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12-19-180
Section 12-19-180 Criminal history processing fee; allocation of monies; access to court data
from within and without Unified Judicial System; user fees to be deposited in Court Automation
Fund; section not bar to public access to court records. (a) In addition to all other costs,
fees, or fines prescribed by law, each person convicted of a crime in a municipal, district,
or circuit court, except traffic cases which do not involve driving under the influence of
alcohol or controlled substances as set out in Section 32-5A-191, and conservation cases and
juvenile cases, shall be assessed a criminal history processing fee of thirty dollars ($30).
The assessment shall be automatically assessed by the clerk of the court upon conviction.
(b) There is created in the State Treasury a fund to be designated as the Public Safety Automated
Fingerprint Identification System Fund, a fund to be designated as the Court Automation Fund,
and a fund to be designated as the Criminal Justice Information...
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31-2A-27
Section 31-2A-27 (Article 27.) Detail of trial counsel and defense counsel. (a)(1) Trial counsel
and defense counsel shall be detailed for each general and special court-martial. The Alabama
National Guard shall prescribe regulations providing the manner in which counsel are detailed
for such court-martial and for persons who are authorized to detail counsel for such court-martial.
(2) No person who has acted as investigating officer, military judge, witness, or court member
in any case may act later as trial counsel, assistant trial counsel, or, unless expressly
requested by the accused, as defense counsel or assistant or associate defense counsel in
the same case. No person who has acted for the prosecution may act later in the same case
for the defense nor may any person who has acted for the defense act later in the same case
for the prosecution. (3) Except as provided in subsection (b), trial counsel or defense counsel
detailed for a general or special court-martial must be a...
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37-4-21
Section 37-4-21 Valuation of utility property - Appeals. When any order of valuation or of
revaluation of the commission has become a final order, an appeal may be taken therefrom by
the utility or by any person, as defined in this article, who is a party to the cause before
the commission, to the Circuit Court of Montgomery County, Alabama, within 30 days from the
date of such final order, and upon the hearing of such appeal that court shall have the right
to affirm the order of the commission, or reverse the same and remand the case to the commission
for further consideration. From any such judgment of the circuit court, an appeal shall lie
to the Supreme Court of Alabama, which court shall have the right to affirm the judgment of
the circuit court, or to reverse the same and remand the case to the commission for further
consideration. If the case should be reversed and remanded to said commission by either the
circuit or the supreme court, the commission shall proceed to a...
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45-37A-51.139
Section 45-37A-51.139 Appeal of decisions of the board. (a) Any decision of the board denying
a benefit claimed may be subject to review by the circuit court, in the manner and subject
to the limitations herein provided. An employee may secure a review of a decision of the board
by mandamus proceedings in the circuit court, which proceedings the employee shall institute,
in the court by filing therein a petition for mandamus. The petition may designate the board
as respondent or the members thereof as respondents. Each respondent shall be served with
process, unless the respondent or his or her or its attorney accepts service. The petition
for mandamus shall be barred if it is not filed within 90 days from the date whereon the board
of managers makes its final decision on the benefit claimed, provided written notice of such
final decision of the board shall be given by certified or registered mail, postage prepaid,
and properly addressed, to the claimant or his or her attorney within...
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12-18-81
Section 12-18-81 Right of election of probate judges holding office on or after December 27,
1973, to come under provisions of Article 1 of chapter; filing of instrument as to election
with Clerk of Supreme Court, county commission and Secretary-Treasurer of State Employees'
Retirement System; applicability of provisions of Article 1 of chapter to probate judges elected
or appointed to office after October 1, 1976; state and local governing bodies authorized
to pick up member contributions to retirement fund. Each probate judge holding office in the
several counties of Alabama on or after December 27, 1973, and prior to October 1, 1976, shall
have a right to elect to come under the provisions of Article 1 of this chapter in accordance
with the provisions of this article. Each such probate judge who elects to come under the
provisions of article 1 of this chapter shall, prior to the first Monday after the second
Tuesday in January, 1977, file with the Clerk of the Supreme Court of...
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17-6-25
Section 17-6-25 Order of listing of candidates on ballots. The names of candidates for each
office shall be listed on the ballot in alphabetical order by surname, and the offices shall
be listed in the following order: (1) President (if preference primary). (2) Governor. (3)
Lieutenant Governor. (4) United States Senator. (5) United States Representative. (6) Attorney
General. (7) State Senator. (8) State Representative. (9) Supreme Court Justice. (10) Court
of Civil Appeals Judge. (11) Court of Criminal Appeals Judge. (12) Secretary of State. (13)
State Treasurer. (14) State Auditor. (15) Commissioner of Agriculture and Industries. (16)
Public Service Commissioner. (17) State Board of Education Member. (18) Circuit Court Judge.
(19) District Attorney. (20) District Court Judge. (21) Circuit Clerk. (22) Other public officers
(to be listed in the order prescribed by the judge of probate). (23) Delegate to national
convention. (24) Other party officers (to be listed in the order...
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36-11-19
Section 36-11-19 Drawing of jury where member of county commission, etc., subject to impeachment
proceedings. Whenever any information for the impeachment of any member of a county commission,
jury commission or other board charged by law with the duty of drawing petit juries is filed
in any court in this state having jurisdiction to hear and determine such information, or
whenever any article of impeachment or other proceedings for the impeachment of any such member
are filed or commenced in any such court, the judge of the circuit court shall, in the manner
provided by law, draw the jury for the trial of such cases. (Code 1907, §7112; Code 1923,
§4509; Code 1940, T. 41, §190.)...
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40-10-165
Section 40-10-165 Payment by municipalities, etc. In case of any petition or application for
the refund of any money paid as aforesaid, filed with any mayor and alderman or any other
municipal or other board, circuit court, or other authority having the control or the administration
or the supervision of the receipts or disbursement of any taxes collected under, or under
color of, any law mentioned in Section 40-10-164, it shall, upon proper proof, pay or order
paid all such money so erroneously paid, and the tax collector, custodian, disbursing officer,
or agency under it must obey such order and also pay such costs as may in such petition or
application or suit be awarded, adjudged, or decreed in favor of such person making such erroneous
payment; but this section shall not apply to assessments where owners of property received
special benefits or where taxes were due but irregularly assessed thereon. (Acts 1935, No.
194, p. 256; Code 1940, T. 51, §333.)...
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