12-22-25
Section 12-22-25 Security for costs of appeal. In all other cases in which an appeal is taken
under the provisions of this division, the appellant, or someone for him, must give security
for the costs of such appeal, to be approved by the probate judge or the clerk of the circuit
court, as the case may be, and the names of such sureties must be certified with the record
to the appellate court, but the filing of security for costs is not a jurisdictional prerequisite.
If the appellant fails to prosecute his appeal or the judgment is not reversed or is entered
against him for a less amount than the judgment of the court from which the appeal is taken,
execution may issue against him and such sureties for the costs of the appeal. (Code 1852,
§1898; Code 1867, §2257; Code 1876, §3967; Code 1886, §3647; Code 1896, §464; Code 1907,
§2862; Code 1923, §6121; Code 1940, T. 7, §782.)...
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23-4-5
Section 23-4-5 Appeals. Any party affected by the vacation of a street, alley, or highway pursuant
to this chapter may appeal within 30 days of the decision of the governing body vacating the
street to the circuit court of the county in which the lands are situated, and upon such appeal,
the proceeding shall be tried de novo, either party having the right to demand trial by jury
when and as demand is authorized in civil actions. The appeal shall not suspend the effect
of the decision of the governing body unless the appealing party shall give bond, with sureties,
in an amount to be determined by the circuit judge. From the judgment of the circuit court,
an appeal may be taken within 42 days by either party to the Court of Civil Appeals or the
Supreme Court in accordance with the Alabama Rules of Appellate Procedure. (Acts 1931, No.
49, p. 62; Code 1940, T. 56, §30; Act 2004-323, p. 548, §1.)...
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30-4-62
Section 30-4-62 Release of defendant on probation by circuit court; authority of juvenile court
as to probationer. In the event the appeal goes to the circuit court and the defendant shall
be sentenced to jail or hard labor for the county by the circuit court, he shall be remanded
to jail to answer said judgment, and in the event that such judgment and sentence is suspended
and the defendant is released on probation, the court shall inform him as to his duties under
such probation order, and cause the probation bond provided for in this article to be filed
with the clerk of the probate, domestic relations or juvenile court, and said bond shall thereafter
be subject to forfeiture as if filed originally in said probate, domestic relations or juvenile
court as provided for in this article. Upon the entry of such judgment, said circuit court
shall cause to be filed with the clerk of the juvenile court a copy of its judgment, which,
when so filed, shall thereupon become also the judgment of...
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35-4-24
Section 35-4-24 Acknowledgment - Officers authorized to take in this state. Acknowledgments
and proofs of conveyances may be taken by the following officers within this state: Judges
of the Supreme Court, the Court of Civil Appeals, the Court of Criminal Appeals, circuit courts
and district courts, and the clerks of such courts; registers of the circuit court, judges
of the court of probate, and notaries public. (Code 1852, §1276; Code 1867, §1545; Code
1876, §2155; Code 1886, §1799; Code 1896, §993; Code 1907, §3358; Code 1923, §6841; Code
1940, T. 47, §25.)...
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35-6-24
Section 35-6-24 Partition without commissioners; owelty. If, at the hearing, it appears that
the intervention of commissioners is unnecessary to secure an equal partition in kind, or
that the same can be effected by providing owelty, and that it would best promote the interest
of the parties, the circuit court may order the partition and fix the amount to be paid by
one or several cotenants to another or others; or this may be done on hearing the report of
the commissioners. (Code 1907, §5233; Code 1923, §9335; Code 1940, T. 47, §190.)...
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35-6-61
Section 35-6-61 Sale instead of partition - Evidence. Evidence in support of such application
must be taken as in actions before the circuit court, and before granting the decree of sale
the probate court must be satisfied from the evidence that an equitable division or partition
cannot be made; and when the application is by the guardian of an infant or person of unsound
mind, the court must be satisfied from the evidence that it would be to the interest of such
infant, or person of unsound mind, to sell the property for the purpose of division or partition.
(Code 1867, §3123; Code 1876, §3517; Code 1886, §3256; Code 1896, §3181; Code 1907, §5225;
Code 1923, §9325; Code 1940, T. 47, §213.)...
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36-11-23
Section 36-11-23 Certification of vacancy in office upon final judgment of conviction. It shall
be the duty of the Clerk of the Supreme Court in all cases when final judgment of conviction
is entered in that court, on appeal or otherwise, forthwith to certify the vacancy thus created
to the appointing power with a copy of the judgment. In like manner, the clerk of the circuit
court or person designated to act as clerk shall certify to the appointing power any final
judgment of conviction entered in such court from which no appeal is taken. (Code 1876, §4065;
Code 1886, §4837; Code 1896, §4884; Code 1907, §7122; Code 1923, §4517; Code 1940, T.
41, §198.)...
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36-3-2
Section 36-3-2 Terms of judicial officers generally. The Chief Justice of the Supreme Court
and associate justices of said court, the judges of the Court of Civil Appeals and the Court
of Criminal Appeals, circuit judges, judges of probate courts and clerks of the circuit court
and judges of inferior courts, when not otherwise provided for by law, shall hold their respective
offices for the term of six years from the first Monday after the second Tuesday in January
next after their election and until their successors are elected and qualified. (Code 1896,
§3054; Code 1907, §1463; Code 1923, §2567; Code 1940, T. 41, §16.)...
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11-1-7
Section 11-1-7 Appointment and use of public depositories; liability. (a) Upon the application
of the county tax collectors, revenue commissioners, license commissioners, county treasurers,
judges of probate, circuit court clerks, or registers of the circuit court, it shall be the
duty of the county commission of the county to appoint a bank or savings association, that
is a qualified public depository under Chapter 14A of Title 41, as a depository in which such
officers may deposit money coming into their hands as such officers, which appointment shall
be by proper resolutions spread upon the minutes of such commission. (b) Upon the application
of the custodian of county school funds, it shall be the duty of the county board of education
of the county to appoint a bank or savings association that is a qualified public depository
under Chapter 14A of Title 41, as a depository in which such officers may deposit money coming
into their hands as such officers, which appointment shall be...
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19-3-38
Section 19-3-38 Admissibility of evidence at hearings; exceptions; appeals. Upon a hearing
before the register or clerk under any of the provisions of this article, any competent legal
evidence, written or oral, may be received. All such evidence must be noted and oral testimony
reduced to writing by the register or clerk. Within 10 days thereafter, either party may file
exceptions to the action or conclusion of the register or clerk, and may have the same reviewed
by the circuit judge upon 10 days' notice to the other party, such review to be without any
presumption in favor of the correctness of the action or conclusion of the register or clerk.
From the decision of the circuit judge thereon an appeal lies to the court of civil appeals
or the supreme court within 42 days. (Code 1896, §4170; Code 1907, §6072; Code 1923, §10409;
Code 1940, T. 58, §26.)...
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