40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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12-20-31
Section 12-20-31 Substitution of lost, etc., papers or records in civil cases - Appeal from
court order or decree granting or denying. From any order of a circuit or district court or
probate court granting or refusing substitution under this article, an appeal lies to the
appropriate appellate court as from final judgments or decrees in civil cases. From an order
of a district court, an appeal to the circuit court lies as in other cases, and the trial
is de novo. (Code 1867, §651; Code 1876, §558; Code 1886, §659; Code 1896, §2652; Code
1907, §5744; Code 1923, §10137; Code 1940, T. 7, §13.)...
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17-16-61
Section 17-16-61 Appeals - Generally. In all contested elections before the judge of probate,
an appeal lies to the Supreme Court within 14 days after the rendition of the judgment. From
the judgment of the circuit court on the contest of an election of a judge of probate or sheriff
or any other officer mentioned in Section 17-16-56, an appeal lies to the Supreme Court within
14 days after the rendition of the judgment. (Code 1896, §1702; Code 1907, §476; Code 1923,
§566; Code 1940, T. 17, §252; §17-15-34; amended and renumbered by Act 2006-570, p. 1331,
§83.)...
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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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12-11-61
Section 12-11-61 Irregular sales of lands under decrees of probate court may be confirmed.
Sales of lands made under a decree of the probate court, the parties in interest having had
legal notice of the proceedings in which the decree was rendered, which are invalid because
of errors, omissions or irregularities in the proceedings in the probate court, may be confirmed
by a judgment of the circuit court if it is shown that the lands were sold for their full
value, which has been fully paid to the party entitled to receive it. (Code 1876, §§3840,
3841; Code 1886, §3539; Code 1896, §808; Code 1907, §3917; Code 1923, §6485; Code 1940,
T. 13, §148.)...
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43-2-709
Section 43-2-709 Appeals. (a) Any party to the proceedings to declare an estate insolvent may
appeal to the supreme court or court of civil appeals from the decree or order declaring the
estate insolvent or dismissing the report within 42 days from the rendition of such order
or decree in the manner provided by law for appeals from the probate court in other similar
or like proceedings. (b) If an appeal has been taken on a contest as to the report of insolvency,
the case must, on motion, be continued during the pendency of such appeal. (Code 1852, §1861;
Code 1867, §2210; Code 1876, §2582; Code 1886, §2252; Code 1896, §320; Code 1907, §§2764,
2765; Code 1923, §§6003, 6004; Code 1940, T. 61, §§390, 391.)...
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11-42-69
Section 11-42-69 Trial and entry of judgment by circuit court; appeals from judgment of circuit
court; endorsement on map by probate judge where no appeal from judgment of probate court.
(a) If on the trial in the circuit court it be adjudged that the requisite facts did exist
subjecting the land and property having a situs thereon to taxation by the city, a judgment
shall be entered adjudging that the land and property having a situs thereon be, and the same
is, subject to taxation by the city and that the taxes thereon shall be paid to the city.
If it be adjudged that the requisite facts did not exist, a judgment shall be entered adjudging
that the land and property having a situs thereon is not subject to taxation by the city,
and the cost of appeal and of contest shall be adjudged against the losing party. (b) Either
the city or the property owner may appeal from the judgment of the circuit court to the supreme
court within the time and in the same manner as is provided by the...
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42-2-9
Section 42-2-9 Appeal from assessment of damages. Either party may appeal from the assessment
of damages and compensation by the commissioners to the circuit court of the county within
30 days after the making of the order of condemnation, upon the report of the commissioners,
by filing in the court rendering the judgment a written notice of appeal, a copy of which
shall be served on the opposite party, and on such appeal the trial shall be de novo. No appeal
shall suspend the judgment if the applicant shall pay into court in money the amount of damages
assessed and give bond in double the amount so assessed, with good and sufficient surety,
to be approved by the judge of probate, to pay such damages as the owner may sustain. (Code
1907, §2423; Code 1923, §3157; Code 1940, T. 59, §13.)...
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12-13-17
Section 12-13-17 Liability of sheriff, deputies, etc., for failure to make money on or return
execution issued by probate court, etc. For a failure to make money on or for failing to return
any execution issued from or returnable to the probate court or for not paying over money
collected on such execution, the sheriff, coroner or other officer and his sureties are liable
to the same penalties and judgments as in like cases in the circuit court, the proceedings
to be instituted and conducted in the probate court in the same manner as in the circuit court,
either party having the right, on request, to a trial of all questions of fact by a jury,
and an appeal from the judgment entered may be taken to the circuit or Supreme Court. (Code
1852, §681; Code 1867, §806; Code 1876, §711; Code 1886, §800; Code 1896, §3379; Code
1907, §5437; Code 1923, §9599; Code 1940, T. 13, §308.)...
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12-22-4
Section 12-22-4 Judgment on partial or annual settlement of estate. From a judgment of the
circuit court or probate court on a partial or annual settlement of an estate of a deceased
person, an appeal lies to the Supreme Court; but this section shall not be construed as to
prevent the presentation of an issue upon appeal taken after a final determination of the
case. (Code 1896, §433; Code 1907, §2845; Code 1923, §6087; Code 1940, T. 7, §763.)...

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