Code of Alabama

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11-51-151
Section 11-51-151 Notice and hearings; granting of injunctive relief. Upon the filing and presentation
of a petition as authorized in this division, it shall be the duty of the court to set a day
for the hearing of the action upon not less than 10 nor more than 15 days' notice thereof
to be given the respondents, the notice to be in such form as the court may direct, and at
such hearing, upon reasonable cause, to grant a temporary restraining order or preliminary
injunction restraining the respondents from further operation or conduct of the business,
occupation, trade, or profession, and no bond shall be required of the petitioner as a condition
thereto. The court shall not grant a temporary restraining order or preliminary injunction
unless it has reasonable cause to believe that the respondent owes a debt to the petitioner
for a privilege or business license or excise tax and that the petitioner has complied with
Section 11-51-150. The court shall, upon final hearing, if the proof...
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26-2-46
Section 26-2-46 Procedure where person alleged to be of unsound mind confined in hospital or
asylum. If the person alleged to be of unsound mind is a resident of the county and is at
the time of the application confined in a hospital or asylum within or without the state,
inquisition may be had and taken without notice to him or her , but, on the filing of the
application, the court must appoint a guardian ad litem to represent and defend for him or
her. It shall be the duty of such guardian by answer to put in issue the facts stated in the
application and to employ counsel at the expense of such person of unsound mind to appear
and defend him or her. (Code 1876, §2761; Code 1886, §2396; Code 1896, §2261; Code 1907,
§4351; Code 1923, §8109; Code 1940, T. 21, §15.)...
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43-2-661
Section 43-2-661 Petition to establish presumption. An executor, administrator or surety on
the bond of the executor or administrator of said estate, or the heirs or next of kin of such
executor, administrator or surety may file a petition or complaint, verified by affidavits,
in the court in which such a cause is pending, alleging the existence of the facts that raise
the presumptions stated in section 43-2-660, and, upon the filing of such petition or complaint
and giving security for costs of the proceeding, the court must appoint a day for the hearing
of such petition or complaint and must give notice of the same by publication in some newspaper
published in the county for three successive weeks or, if none is published in the county,
by posting such notice at the courthouse and three other public places in such county for
the same length of time; and the court must also give 10 days' notice to every adult distributee
resident in the state and to all sureties on the bond of the...
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26-2A-81
Section 26-2A-81 Resignation, removal, and other post-appointment proceedings. (a) Any person
interested in the welfare of a ward or the ward, if 14 or more years of age, may petition
for removal of a guardian on the ground that removal would be in the best interest of the
ward or for any other order that is in the best interest of the ward. A guardian may petition
for permission to resign. A petition for removal or for permission to resign may, but need
not, include a request for appointment of a successor guardian. (b) Notice of hearing on a
petition for an order subsequent to appointment of a guardian must be given, as prescribed
in Section 26-2A-50, to the ward, the guardian, and any other person as ordered by the court.
(c) After notice and hearing on a petition for removal or for permission to resign, the court
may terminate the guardianship and make any further order that may be appropriate. (d) If
the court determines at any time in the proceeding that the interest of the ward...
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35-3-21
Section 35-3-21 Order for survey on motion of party - Filing; notice to show cause; continuance.
(a) Any party to such action may file a motion therein stating the reasons why such a survey
should be made and praying that the court appoint a competent surveyor or surveyors to make
such survey; and, upon presenting said motion to the judge of the court he shall enter an
order fixing a day on which the same shall be heard and directing the other parties to said
action to show cause, if any, why such survey should not be made as prayed in said motion.
(b) The notice to show cause why such survey should not be made shall be given by the service
of a copy of the order of the court, relative thereto when made by the court without application
of a party to said action, or, when based on a motion by a party to said action, then by service
of a copy of such motion and the order of the court on said motion on the party or his attorney
of record as directed by the court in its order. Such notice...
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35-4-191
Section 35-4-191 Application; notice; guardian ad litem; hearing; costs. (a) The application
referred to in Section 35-4-190 shall set out the names and places of residence of all the
persons interested in the funds in which such dower or life interest exists, stating which,
if any, are infants or persons of unsound mind. If any of the parties or their places of residence
are unknown, the application shall so state. The court shall set a day for the hearing of
said application not less than 30 days from the date of the filing thereof, and notice thereof
shall be given by the clerk, judge, or register and served on such other persons as may be
interested in the funds, residing in the state, not less than 10 days prior to the hearing;
and, if any are nonresidents or their names or places of residence are unknown, then service
on them shall be by registered or certified mail where practicable in the same manner as now
provided by law for service by registered mail, or by publication once...
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35-6-85
Section 35-6-85 Conduct of hearing generally; order confirming sale. On the day appointed for
such hearing, or on any other day to which it may be continued the court must proceed to hear
such report and the evidence for and against the confirmation of such sale. Such evidence
shall be taken orally in open court at the time of the hearing or by deposition as in actions
before the circuit court. If upon such hearing it shall appear to the satisfaction of the
court that such sale as made is to the interest of the ward, the court shall make an order
confirming the same, and, if it shall appear to the court that full payment has been made
to the guardian for the interest of the minor in such sale, such order shall direct the guardian,
or any other person appointed by the court, to make conveyance of the interest of the ward
in the land or realty to the purchaser thereof. (Code 1907, §5258; Code 1923, §9362; Code
1940, T. 47, §224.)...
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10A-3-7.11
Section 10A-3-7.11 Procedure in liquidation of corporation by court. (a) In proceedings to
liquidate the assets and affairs of a nonprofit corporation, the court shall have the power
to issue restraining orders or injunctions, to appoint a receiver or receivers pendente lite,
with the powers and duties as the court, from time to time, may direct, and to take other
proceedings as may be requisite to preserve the corporate assets wherever situated, and carry
on the affairs of the nonprofit corporation until a full hearing can be had. (b) After a hearing
had upon the notice as the court may direct to be given to all parties to the proceedings
and to any other parties in interest designated by the court, the court may appoint a liquidating
receiver or receivers with authority to collect the assets of the nonprofit corporation. The
liquidating receiver or receivers shall have authority, subject to the order of the court,
to sell, convey, and dispose of all or any part of the assets of the...
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26-8-21
Section 26-8-21 Application for removal and notice of hearing thereon; appointment of guardian
ad litem. Authority for such removal may be obtained on the application in writing, verified
by affidavit, of the guardian, or of the minor or ward by next friend, stating the facts which
show that the removal will advance the interests of the minor or ward. If application is made
by the minor or ward by next friend, a day must be appointed for the hearing, 10 days' notice
of which must be given the guardian or conservator by the service of process. If application
is made by the guardian or conservator, a day, not less than 10 days after the filing of the
application, must be appointed for the hearing and a guardian ad litem appointed to represent
the minor or ward, who must put in issue the facts stated in the application and require proof
thereof. (Code 1852, §§2031, 2035; Code 1867, §§2441, 2445; Code 1876, §§2796, 2802;
Code 1886, §2484; Code 1896, §2369; Code 1907, §4459; Code...
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32-7-3
Section 32-7-3 Administration of chapter; appeal to court. (a) Director to administer chapter.
The director shall administer and enforce the provisions of this chapter and may make rules
and regulations necessary for its administration and shall provide for hearings upon the request
of persons aggrieved by orders or acts of the director under the provisions of this chapter.
(b) Appeal to court. At any time within 60 days after the rendition of any order or decision
by the director under the provisions of this chapter, any party in interest may appeal to
the circuit court in and for any county in the State of Alabama wherein any party in interest
may reside, or in which any party in interest which is a corporation may have its principal
office or place of business, and the appeal may be for the purpose of having the lawfulness
of any order, decision, or act of the director inquired into and determined. The court shall
determine whether the filing of an appeal shall operate as a stay of...
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