|
12-19-50
Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs; issuance
of execution against sheriff, etc., failing to return, levy, or collect execution issued against
plaintiff or appellant for costs. (a) The Clerk of the Supreme Court, clerks of the courts
of appeals, clerks of the circuit courts and probate judges, upon return of an execution "no
property found" against the defendant by the proper officer of the county in which the
judgment was entered, or, if the execution is from the Supreme Court or courts of appeals,
of the county from which the case was brought, may issue execution against the plaintiff or
appellant, as the case may be, for the costs actually created by the plaintiff or appellant,
but for none other, to be collected and returned as other executions. (b) Judgment may be
entered on motion in the circuit court of such county, in the name of the clerk or probate
judge issuing the execution, against the sheriff or his sureties, or either of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-19-50.htm - 2K - Match Info - Similar pages
35-2-59
Section 35-2-59 Vacation and annulment of map or plat, etc., by circuit court - Conduct of
proceedings; entry of judgment; appeals. The proceedings for vacating and annulling such maps,
plats, surveys, roads, streets, or alleys shall be conducted in all respects as civil actions
are conducted and the circuit court may prescribe all rules and regulations for the conduct
of such proceedings which are not inconsistent with the laws of this state or rules promulgated
by the Supreme Court. Upon the final hearing of the action, the court may grant the relief
prayed in the complaint in whole or in part, or may deny such relief in whole or in part.
An appeal will lie from such judgment of the circuit court, as is authorized or provided from
other judgments of the circuit court; and upon such hearing, the appellate court may affirm,
reverse, or render such judgment or order as the trial court should have rendered. (Code 1923,
§10366; Code 1940, T. 56, §22.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-2-59.htm - 1K - Match Info - Similar pages
35-6-123
Section 35-6-123 Costs and fees. The probate court may tax the costs against the unsuccessful
party litigating, or against the crops, which may be sold in amount sufficient to satisfy
the same, if not paid; but each share shall be charged with only its proportion of the costs.
If the crops involved are worth less than $100.00, the judge, sheriff, jurors, commissioners,
and witnesses shall only be allowed half the fees for similar services in other cases; if
over $100.00, the same fees as they are allowed for such services in other cases. (Code 1876,
§3532; Code 1886, §3278; Code 1896, §3203; Code 1907, §5249; Code 1923, §9353; Code 1940,
T. 47, §246.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-123.htm - 991 bytes - Match Info - Similar pages
43-2-151
Section 43-2-151 Enforcement of judgments, etc., of probate court against representatives -
Liability of sureties. When an execution against an executor or administrator, issued from
the probate court on any judgment, order or decree for money is returned to any regular term
of such court "no property" by the sheriff of the county, such judgment, order or
decree may be enforced against the executor or administrator and his sureties, by execution
or by process of garnishment, which may issue in like cases and manner as it may issue on
judgment in circuit courts and may, in like manner, be prosecuted to judgment against the
garnishee. (Code 1852, §1922; Code 1867, §2281; Code 1876, §2619; Code 1886, §2277; Code
1896, §346; Code 1907, §2813; Code 1923, §6052; Code 1940, T. 61, §129.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-151.htm - 1K - Match Info - Similar pages
43-2-508
Section 43-2-508 Satisfaction of claims. Any judge of probate, clerk or register of any circuit
court or officer of any other court in Alabama having jurisdiction of partial or final settlement
of estates of deceased persons shall be authorized to satisfy any claim legally filed against
such estates and recorded in the solvent docket book in the office of the probate court, when
satisfied from the evidence presented on a partial or final settlement that such claims have
been paid. Such satisfaction shall have the effect of notifying all interested parties that
evidence of payment of such debt has been filed in the court. For each such satisfaction,
the officer shall be paid a fee of $.25. A cancelled check for the amount claimed, properly
endorsed by the claimant, may be considered as proof of the payment of such claim, and further
proof of payment shall not be required. (Acts 1939, No. 68, p. 109; Code 1940, T. 61, §303;
Acts 1975, No. 1222, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-508.htm - 1K - Match Info - Similar pages
11-81-223
Section 11-81-223 Hearing and entry of judgment; appeals from judgment of circuit court. At
the time and place designated in said order, the judge of said circuit court shall proceed
to hear and determine all questions of law and of fact in said civil action, and he shall
make such orders as to the proceedings in said civil action and adjournments as will best
conserve the interests of all parties and enable him to enter a final judgment with the least
possible delay. The final judgment shall find the facts specially and shall state separately
the judge's conclusions of law thereon. Any taxpayer or citizen of each organizing subdivision
may appear in such proceedings either personally or by attorney, and any party thereto, whether
petitioner, defendant or intervenor, dissatisfied with the judgment of the court, may appeal
therefrom to the Alabama Supreme Court in accordance with the Alabama Rules of Appellate Procedure.
Such appeal shall take priority in the Supreme Court over all...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-81-223.htm - 1K - Match Info - Similar pages
12-1-2
Section 12-1-2 Vesting of judicial power of state generally. The judicial power of the state
is vested exclusively in a unified judicial system which shall consist of a Supreme Court,
a Court of Criminal Appeals, a Court of Civil Appeals, a trial court of general jurisdiction
known as the circuit court, a trial court of limited jurisdiction known as the district court,
a probate court and such municipal courts as may be provided by law. The courts described
in this section shall have all authority provided by law and shall continue to have all authority
provided by rule. Except as otherwise provided by law, no moneys provided for under the provisions
of this title shall be expended unless duly appropriated by the Legislature of the State of
Alabama. (Code 1940, T. 13, §1; Acts 1975, No. 1205, p. 2384, §1-101.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-1-2.htm - 1K - Match Info - Similar pages
12-13-37
Section 12-13-37 Appointment of special judge when probate judge incompetent, absent, sick,
etc., generally; powers and duties of special judge and force, effect, etc., of judgments,
orders and decrees thereof. If in any matter or proceeding arising in the probate court or
in reference to which the judge thereof is required to exercise jurisdiction or authority
or to perform a duty the judge is incompetent for any legal cause or shall be absent, sick
or otherwise disqualified from acting, he or his chief clerk must certify the fact of incompetency,
absence, sickness or disqualification to the Chief Justice of the Alabama Supreme Court, and
the Supreme Court shall, upon such certificate, appoint a person possessing the qualifications
of a probate judge to act as special probate judge. Such special judge in relation to such
matter or proceeding shall have the jurisdiction and authority and discharge the duties of
the probate judge, and the judgments, orders and decrees made or rendered...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-13-37.htm - 1K - Match Info - Similar pages
30-1-16
Section 30-1-16 Correction of vital error in marriage records. In all marriages where a vital
records error has been made, the parties to the marriage may file amended affidavits, forms,
and data with the judge of probate. The fee for filing amended affidavits, forms, and data
shall be the same as for an original filing. The amended affidavits, forms, and data shall
state that they are amended and shall reference the date in which the original affidavits,
forms, and data were filed. The judge of probate shall record the amended affidavits, forms,
and data if agreed to by the parties and shall forward a one page decree of correction to
the Office of Vital Statistics. If the parties cannot agree on the one page decree of correction,
either party may file an action in circuit court to correct the error. (Acts 1943, No. 337,
p. 318; Act 2019-340, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-1-16.htm - 1K - Match Info - Similar pages
34-3-43
Section 34-3-43 Powers generally. (a) The Board of Commissioners shall have power: (1) To determine,
by rules, the qualifications and requirements for admission to the practice of law; (2) To
conduct through a Board of Examiners the examination of applicants; and such Board of Examiners
shall certify to the Supreme Court the names of the applicants found to be qualified; such
certifications shall entitle such persons to be enrolled in the bar of the state and to practice
law; provided, that the fees required are paid; (3) Subject to the approval of the supreme
court, to formulate rules governing the conduct of all persons admitted to practice and to
investigate, or cause to be investigated, and to pass upon all complaints that may be made
concerning the professional conduct of any person who has been, or may hereafter be, admitted
to the practice of the law; (4) Subject to the approval of the supreme court, to formulate
rules governing the reinstatement of members of the bar who have...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-3-43.htm - 5K - Match Info - Similar pages
|