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28-4-269
Section 28-4-269 Forfeiture and condemnation proceedings generally - Issues and parties generally;
style of action; trial of action generally. The issue thus framed shall be deemed an action
pending in the court of the judge who issued the warrant between the State of Alabama, on
the relation of the complainant, and the liquor and beverages and vessels and receptacles
so seized and against the party in possession of the liquors and beverages or against the
party who interposes the claim, and may be entitled in the name of the State of Alabama against
the said party so appearing, if any, and if no one appears, may be entitled as against said
liquors and beverages adding for identification the name of the person or persons mentioned
in the affidavit or warrant. The said action shall be tried in the district court as other
actions are tried therein. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,
§4757; Code 1940, T. 29, §226.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-269.htm - 1K - Match Info - Similar pages
30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-5.htm - 4K - Match Info - Similar pages
34-17A-17
Section 34-17A-17 Judicial review. (a) A person who has exhausted all administrative remedies
available within the board and who is aggrieved by a final decision of the board is entitled
to judicial review. A preliminary, procedural, or intermediate board action or ruling is immediately
reviewable only if review of the final board action would not provide an adequate remedy.
(b) A proceeding for review is instituted by filing a petition in the Circuit Court of Montgomery
County within 30 days after service of the final decision of the board. Copies of the petition
for review shall be served upon the board and the parties of record. (c) The filing of the
petition does not stay enforcement of the decision of the board. The board may grant, or the
reviewing court may order, a stay upon appropriate terms. (d) The review shall be conducted
by the court without a jury and shall be confined to the record. (e) The court shall not substitute
its judgment for that of the board as to the weight...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-17A-17.htm - 2K - Match Info - Similar pages
40-10-77
Section 40-10-77 Defense of action fails on grounds other than that taxes were not due. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in an action brought against
such purchaser or other person claiming under the purchaser to recover possession of lands
sold for taxes, the defendant claims and defends under the tax title and the defense fails
on the ground that such sale was invalid for any reason other than that the taxes were not
due, and the plaintiff recovers, the court shall forthwith, on the motion of the defendant,
ascertain the amount of taxes for which the lands were liable at the time of the sale and
for the payment of which they were sold, with interest thereon from the day of sale, and the
amount of such taxes on the lands, if any, as the defendant or the person under whom he or
she claims has, since such sale, lawfully paid or assumed, in case of the state,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-77.htm - 2K - Match Info - Similar pages
6-10-37
Section 6-10-37 Contest of exemption claim - Garnishment of money, choses in action or personal
property. When money, choses in action or personal property are garnished and the defendant
claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing,
verified by oath, in the court in which such proceedings are pending, accompanied by a statement
setting forth the personal property, choses in action, and money and the location and
value thereof, as required in the statement to be filed under the provisions of Section 6-10-29.
Such claim the plaintiff, in person or by his agent or attorney, may contest as in cases of
contest after declaration filed, and such contest shall be tried and determined as other contests
of claims of exemptions are tried and determined. If the defendant has notice of the garnishment,
the claim of exemption must be interposed before judgment of condemnation, but if not, such
judgment shall not operate to impair or affect his claim of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-37.htm - 1K - Match Info - Similar pages
6-5-4
just and legal cause, the court having jurisdiction shall direct the issue of writs of attachment,
garnishment, seizure, ne exeat, or of any other proper writ or process which may be deemed
necessary for the security of the state or to make effective the judgment in such action if
it should be entered in favor of the state; and bond and security shall not be required of
the state upon or for the issue of any such writ or process. (e) Such writs may be levied
on any and all property, real or personal, rights, or credits in which the party against
whom the same may issue has any estate or any interest, legal or equitable, subject to the
payment of the debt or demand preferred in such action and upon any and all property, real
or personal, rights or credits which may have been conveyed, assigned, or transferred
in fraud of creditors. The levy of such writ creates a lien from the day it is made. All property
levied on may be replevied in the mode provided by law for the replevy of property...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-4.htm - 4K - Match Info - Similar pages
15-13-144
Section 15-13-144 Notice to prosecutor. Prior to the hearing, the judicial officer shall have
the clerk of the court give a minimum notice of 72 hours to the district attorney of the circuit
of the jurisdiction, or to an assistant district attorney of the jurisdiction for that purpose,
or the prosecuting officer of the municipal court in municipal court cases, that a person
seeks to be released on judicial public bail and notice shall stipulate the time of the hearing.
No person shall be released on judicial public bail unless notice is given. Upon receipt of
the notice, the district attorney, or prosecutor, or his or her assistant shall be entitled
to be heard at the hearing on the merits of the conditions of release, and the hearing shall
be at a time, date, and place certain wherein all parties shall appear and proceedings shall
be a matter of record. Nothing contained in this chapter shall be construed as granting or
affording the defendant an absolute right to be released on...
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15-2-25
Section 15-2-25 Duty of clerk of court to forward case materials. When an order for the removal
of a trial is made, the clerk of court must make out a transcript of all the entries, orders
and proceedings in the case, including the organization of the grand jury, the indictment,
the endorsements thereon, all the entries relating thereto, the undertakings or recognizances
of the defendant, all the orders and judgments thereon and the order for the removal of the
trial. He must attach his certificate thereto and forward the package under seal by a special
messenger, by express, by registered or certified mail or deliver it in person to the clerk
of the court to which the trial is ordered to be removed. He must also enclose in the package
and forward or deliver in the same manner the original subpoenas in the case. (Code 1852,
§657; Code 1867, §4209; Code 1876, §4914; Code 1886, §4488; Code 1896, §5312; Code 1907,
§7854; Code 1923, §5583; Code 1940, T. 15, §271.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-2-25.htm - 1K - Match Info - Similar pages
26-10A-24
Section 26-10A-24 Contested hearing. (a) Whenever a motion contesting the adoption is filed,
the court shall set the matter for a contested hearing to determine: (1) Whether the best
interests of the adoptee will be served by the adoption. (2) Whether the adoptee is a person
capable of being adopted by the petitioner in accordance with the requirements of this chapter.
(3) Whether an actual or implied consent or relinquishment to the adoption is valid. (4) Whether
a consent or relinquishment may be withdrawn. (b) The court shall give notice of the contested
hearing by certified mail to all parties who have appeared before the court. The moving party
and each petitioner shall be present at the contested hearing. The guardian ad litem shall
appear and represent the interests of the adoptee. (c) The court may continue the hearing
from time to time to permit notice to all parties, or to permit further discovery, observation,
investigation, or consideration of any fact or circumstances...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10A-24.htm - 3K - Match Info - Similar pages
40-10-83
Section 40-10-83 Effect of payment by original owner or assignee. THIS SECTION WAS AMENDED
BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020. TO SEE THE AMENDED
VERSION, SEE THE VERSION LABELED PENDING. When the action is against the person for whom the
taxes were assessed or the owner of the land at the time of the sale, his or her heir, devisee,
vendee or mortgagee, the court shall, on motion of the defendant made at any time before the
trial of the action, ascertain (i) the amount paid by the purchaser at the sale and of the
taxes subsequently paid by the purchaser, together with 12 percent per annum thereon, subject
to the limitations set forth in Section 40-10-122(a); (ii) with respect to property located
within an urban renewal or urban redevelopment project area designated pursuant to Chapters
2 or 3 of Title 24, all insurance premiums paid or owed by the purchaser for casualty loss
coverage on insurable structures and the value of all permanent improvements...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-83.htm - 2K - Match Info - Similar pages
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