6-5-466
Section 6-5-466 Revival in case of death of one or more defendants jointly sued. (a) The death
of one or more defendants jointly sued does not, as to the defendant dying, abate a claim
upon which an action has been filed if the claim survives; but such a claim may be revived
against the proper representative of such defendant and such representative and the surviving
defendant or defendants may be proceeded against jointly or severally, at the election of
the plaintiff. (b) Under this section, the judgment entered must be several, but against a
personal representative, if he objects, judgment must not be entered until after the expiration
of six months from the grant of letters testamentary or of administration. (c) Under this
section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all,
except as to costs; but if requested, the plaintiff must assign, without recourse on him,
the judgment against a principal debtor to the party from whom satisfaction is...
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12-12-37
Section 12-12-37 Removal of action from district court to circuit court where concurrent jurisdiction.
Any civil action brought in district court of which the circuit court has concurrent jurisdiction
may be removed by a defendant or defendants to the circuit court of the county in which the
action is pending. A defendant or defendants desiring to remove a case under this section
shall file a notice of removal with the circuit court within 30 days after receipt, through
service or otherwise, of a copy of the initial pleading. A case removed under this section
shall not be subject to the jurisdictional damage limitations of district court. If a defendant
or defendants requests removal of any civil action under this section, the circuit clerk shall
remove the civil action to circuit court. (Act 2019-405, §2.)...
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18-1A-230
Section 18-1A-230 Involuntary dismissal. On motion of the defendant, the court shall dismiss
the action in whole or in part, as justice requires, if: (1) Upon sustaining a preliminary
objection to the plaintiff's complaint, the court determines that a dismissal is required;
(2) The plaintiff has unjustifiably failed to exercise reasonable diligence in prosecuting
the action; (3) The plaintiff has failed to pay the full amount required by the judgment within
time allowed. (Acts 1985, No. 85-548, p. 802, §1301.)...
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45-11-80
Section 45-11-80 Additional costs and fees; Juvenile Court Services Fund; Judicial Administration
Fund. (a) In Chilton County, in addition to all other fees, there shall be taxed as costs
the sum of five dollars ($5) in each civil or quasi-civil action at law, suit in equity, criminal
case, quasi-criminal case, proceedings on a forfeited bail bond or proceedings on a forfeited
bond given in connection with an appeal from a judgment or conviction in any inferior or municipal
court of the county, in the Circuit Court of Chilton County, or the District Court of Chilton
County, hereinafter filed in or arising in the Circuit Court of Chilton County, or the District
Court of Chilton County, or brought by appeal, certiorari or otherwise to the Circuit Court
of Chilton County, or the District Court of Chilton County, which costs shall be collected
as other costs in such cases are collected by the clerk, or ex officio clerk, of the courts
or the register of the Circuit Court of Chilton County,...
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6-8-100
Section 6-8-100 Answer of tender; judgment thereon. An answer of tender of money or of a thing
in action must be accompanied by a delivery of the money or such thing in action to the clerk
of the court. If the tender is of ponderous articles or other personal property, the answer
must aver a readiness to deliver it to the plaintiff. Judgment for the defendant upon the
answer vests the title to the thing tendered in the plaintiff, subject to any claim the defendant
may have for his trouble in keeping it. (Code 1852, §§2245, 2246; Code 1867, §§2648, 2649;
Code 1876, §§2997, 2998; Code 1886, §2585; Code 1896, §3298; Code 1907, §5334; Code 1923,
§9473; Code 1940, T. 7, §228.)...
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27-32-30
Section 27-32-30 Claims upon liquidation of insurer - Allowance. (a) No contingent and unliquidated
claim shall share in a distribution of the assets of an insurer which has been adjudicated
to be insolvent by an order made pursuant to this chapter; except, that such claim shall be
considered, if properly presented, and may be allowed to share where: (1) Such claim becomes
absolute against the insurer on or before the last day for filing claims against the assets
of such insurer; or (2) There is a surplus and the liquidation is thereafter conducted upon
the basis that such insurer is solvent. (b) Where an insurer has been so adjudicated to be
insolvent, any person who has a cause of action against an insured of such insurer under a
liability insurance policy issued by such insurer shall have the right to file a claim in
the liquidation proceeding, regardless of the fact that such claim may be contingent, and
such claim may be allowed: (1) If it may be reasonably inferred from the proof...
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35-11-224
Section 35-11-224 Issues; finding or verdict; judgment generally. Any defendant, by appropriate
plea, may put in issue the fact of indebtedness or the existence of the lien, or both, and
may interpose any other defense applicable to the action; and if the court by its finding,
or the jury by their verdict, as the case may be, ascertain that the plaintiff has a lien
as claimed, judgment shall be entered for the amount secured thereby, interest and costs,
against the party liable for the same, and establishing the lien, and condemning the property
to sale for the satisfaction thereof; but if the finding or verdict is for the plaintiff only
on the issue of indebtedness, a judgment shall be entered in his favor for the amount thereof
as in other cases. (Code 1886, §3034; Code 1896, §2739; Code 1907, §4770; Code 1923, §8848;
Code 1940, T. 33, §52.)...
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6-5-754
Section 6-5-754 Choice of forum. (a) If a claim under the common or statutory law of another
state, the United States, or a foreign country or under international treaty for death or
injury to person or damage to property arises against a manufacturer out of an accident that
occurred outside this state, such claim may be brought in the courts of this state in any
county in which jurisdiction of the defendant can be legally obtained in the same manner in
which jurisdiction could have been obtained if the claim had arisen in this state. (b) The
courts of this state shall apply the doctrine of forum non conveniens in determining whether
to accept or decline to take jurisdiction of an action asserting a claim arising out of an
accident occurring outside this state. (c) In applying the doctrine of forum non conveniens,
the court shall take into account each of the following considerations: (1) The state in which
the claimant resides, giving deference to the claimant's choice of forum only...
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6-9-255
Section 6-9-255 Action seeking recognition of foreign-country judgment. (a) If recognition
of a foreign-country judgment is sought as an original matter, the issue of recognition shall
be raised by filing an action seeking recognition of the foreign-country judgment. (b) If
recognition of a foreign-country judgment is sought in a pending action, the issue of recognition
may be raised by counterclaim, cross-claim, or affirmative defense. (c) The party seeking
recognition is required to provide the court with a certified copy of the judgment, and if
not in English, an English translation which complies with the requirements of Alabama law.
(Act 2012-470, p. 1296, §6.)...
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7-2A-506
Section 7-2A-506 Statute of limitations. (1) An action for default under a lease contract,
including breach of warranty or indemnity, must be commenced within 4 years after the cause
of action accrued. By the original lease contract the parties may reduce the period of limitation
to not less than one year. (2) A cause of action for default accrues when the act or omission
on which the default or breach of warranty is based is or should have been discovered by the
aggrieved party, or when the default occurs, whichever is later. A cause of action for indemnity
accrues (a) in the case of an indemnity against liability, when the act or omission on which
the claim for indemnity is based is or should have been discovered by the indemnified party,
or when the default occurs, whichever is later, (b) in the case of an indemnity against loss
or damage, when the person indemnified makes payment thereof. A cause of action for damages
for injury to the person in the case of consumer goods accrues...
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