17-16-56
is contested, requiring the party, within five days after the service of the summons, to appear
and make answer to the statement, which summons must be served by the sheriff or by a constable,
if the contest is with respect to the office of sheriff. The contest is triable by the court
without the intervention of a jury and must be heard and tried in precedence of all other
cases, civil or criminal, standing for trial in the court. Either party is entitled to the
writ of subpoena to compel the personal attendance of witnesses on the trial of the
contest, and against defaulting witnesses such proceedings may be had as against other defaulting
witnesses in civil cases pending in the court. Testimony may also be taken by depositions
in the case, and in like manner as depositions are taken in other civil cases. (Code 1896,
§1696; Code 1907, §470; Acts 1911, No. 202, p. 195; Code 1923, §559; Code 1940, T. 17,
§245; §17-15-29; amended and renumbered by Act 2006-570, p. 1331, §83.)...
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35-4-133
Section 35-4-133 Notices to be recorded in full; indorsement on original. Any notice filed
with the judge of probate under this article shall be recorded in such record in full, and
the original of such notice shall bear the indorsement of the time of filing for record and
the book and page wherein such notice is recorded. (Acts 1915, No. 77, p. 122; Code 1923,
§6884; Code 1940, T. 47, §72.)...
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11-99B-4
Section 11-99B-4 Filing of certificate of incorporation and copies of resolutions of governing
bodies with judge of probate; contents and execution of certificate of incorporation; notification
of Secretary of State of recordation of certificate of incorporation by judge of probate.
(a) Following the adoption of an authorizing resolution by that governing body that was the
last to adopt an authorizing resolution, but if and only if each other governing body with
whom such application was filed has theretofore adopted an authorizing resolution, the applicants
shall proceed to incorporate a district by filing for record in the office of the judge of
probate of the county in which the principal office of the district is to be located, as specified
in the certificate of incorporation provided for in this section, a certificate of incorporation
which shall comply with the requirements of this section and which shall be in the form and
executed in the manner provided in this section. (b) The...
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12-20-25
Section 12-20-25 Taking file in pending action from office of clerk, etc. The file pertaining
to a pending action shall not be taken from the office of the clerk, register or probate judge
except by an attorney of record of a party to the action upon a receipt in writing signed
by such attorney, stating the number and title of the case and the papers contained in the
file. If any of such papers are lost, mislaid, destroyed or mutilated before a return of the
file and a surrender of the receipt, the costs of substituting them must be paid by the attorney
taking them. (Code 1876, §§562, 565; Code 1886, §654; Code 1896, §2646; Code 1907, §5738;
Code 1923, §10131; Code 1940, T. 7, §7.)...
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22-52-15
Section 22-52-15 Appeals. An appeal from an order of the probate court granting a petition
seeking to commit a respondent to the custody of the department or designated mental health
facility as the court may order lies to the circuit court for trial de novo unless the probate
judge who granted the petition was learned in the law, in which case the appeal lies to the
Alabama Court of Civil Appeals on the record. Notice of appeal shall be given in writing to
the probate judge within five days after the respondent has received actual notice of the
granting of the petition and shall be accompanied by security for costs, to be approved by
the probate judge, unless the probate judge finds that the respondent is indigent, in which
case no security for costs shall be required. Upon the filing of a notice of appeal, the probate
judge shall determine and enter an order setting forth the limitations to be placed upon the
liberty of the respondent pending the appeal. Upon the filing of a notice...
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45-14-82.70
Section 45-14-82.70 Improved system of recording documents. (a) The provisions of this section
shall only apply in Clay County. The purpose of this section is to facilitate the use of public
records in property transactions in Clay County by providing for the installation of an improved
system of recording, archiving, and retrieving instruments and documents affecting the title
to real and personal property that are recorded in the office of the judge of probate
and for the recording, archiving, and retrieving of other instruments, documents, and other
uses in the discretion of the judge of probate. (b) The following words and phrases, including
the plural of any thereof, whenever used in this section, shall have the following respective
meanings: (1) "Real Property Instrument" means and includes any instrument or document
affecting the title to real property that may now or hereafter be filed for record in the
probate office pursuant to the applicable requirements of the laws of this...
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45-25-83.02
Section 45-25-83.02 Indexing system; special indexing fee. (a) This section shall only apply
in DeKalb County. The purpose of this section is to facilitate the use of public records in
property transactions in DeKalb County by providing for the installation of an improved system
of indexing of instruments and documents affecting the title to real and personal property
that are recorded in the office of judge of probate and for the indexing of other instruments,
documents, and other uses at the discretion of the judge of probate. (b) The following words
and phrases, including the plural of any thereof, whenever used in this section, shall have
the following respective meanings: (1) GENERAL PROPERTY INSTRUMENT. A real property instrument
that affects the title to personal property as well as real property. (2) IMPROVED
INDEXING SYSTEM. A system of indexing real property instruments and personal property
instruments in the probate office and, at the discretion of the judge of probate, of...
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45-8-84.20
Section 45-8-84.20 Indexing system; special indexing fee. (a) The provisions of this section
shall apply only in Calhoun County. The purpose of this section is to facilitate the use of
public records in property transactions in Calhoun County by providing for the installation
of an improved system of indexing of instruments and documents affecting the title to real
and personal property that are recorded in the office of the judge of probate and for
the indexing of other instruments, documents, and other uses in the discretion of the judge
of probate. (b) The following words and phrases, including plural of any thereof, whenever
used in this section, shall have the following respective meanings: (1) "Real property
instrument" means and includes any instrument or document affecting the title to real
property that may now or hereafter be filed for record in the probate office pursuant to the
applicable requirements of the laws of this state, including but without limitation to Section...

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45-9-84.22
Section 45-9-84.22 System of recording, archiving, and retrieving instruments and documents.
(a) The provisions of this section shall only apply in Chambers County. The purpose of this
section is to facilitate the use of public records in property transactions in Chambers County
by providing for the installation of an improved system of recording, archiving, and retrieving
instruments and documents affecting the title to real and personal property that are
recorded in the office of the judge of probate and for the recording, archiving, and retrieving
of other instruments, documents, and other uses in the discretion of the judge of probate.
(b) The following words and phrases, including the plural of any thereof, whenever used in
this section, shall have the following respective meanings: (1) "Real Property Instrument"
means and includes any instrument or document affecting the title to real property that may
now or hereafter be filed for record in the probate office pursuant to the...
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11-48-41
Section 11-48-41 Appeals to circuit court from assessments - Conduct generally; right of jury
trial; entry of judgment and assessment of costs generally. The civil action may be tried
on the record without other pleadings, and the court shall hear all objections of the property
owners to said assessment and the amount thereof and shall determine whether or not such assessment
exceeds the increased value of such property by reason of the special benefits derived from
the improvement, and shall enter judgment accordingly. Such civil action shall be tried by
the judge without a jury, unless a jury trial is demanded at the time of filing appeal, in
which event the action shall be tried by a jury as in other civil actions. In the event the
court or jury shall not sustain the assessment for the full amount, the costs of the appeal
and trial in the circuit court shall be adjudged against the municipality. (Code 1907, §1394;
Code 1923, §2209; Acts 1927, No. 639, p. 753; Code 1940, T. 37,...
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