35-9A-407
Section 35-9A-407 Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution
of service. If a landlord unlawfully removes or excludes the tenant from the premises or willfully
diminishes services to the tenant by interrupting or causing the interruption of heat, running
water, hot water, electric, gas, or other essential service, the tenant may recover possession
or terminate the rental agreement and, in either case, recover an amount equal to not more
than three months' periodic rent or the actual damages sustained by the tenant, whichever
is greater, and reasonable attorney's fees. If the rental agreement is terminated under this
section, the landlord shall return all security recoverable under Section 35-9A-201 and all
unearned prepaid rent. (Act 2006-316, p. 668, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-407.htm - 1K - Match Info - Similar pages

6-6-391
Section 6-6-391 Affidavit of amount due plaintiff. To obtain such writ of garnishment, the
plaintiff, his agent or attorney must make, before an officer authorized to administer oaths,
and file, with the clerk of the court in which the action is pending or the judgment was entered,
an affidavit stating the amount due from the defendant to the plaintiff, or his assignee,
that process of garnishment is believed to be necessary to obtain satisfaction thereof and
that the person to be summoned as garnishee is believed to be chargeable as garnishee in the
case. It is not ground of objection that two or more persons having separate interests are
mentioned as garnishees. (Code 1852, §2471; Code 1867, §2892; Code 1876, §3219; Code 1886,
§§2968, 2973; Code 1896, §2173; Code 1907, §4302; Code 1923, §8053; Code 1940, T. 7,
§997.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-391.htm - 1K - Match Info - Similar pages

6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-156.3.htm - 5K - Match Info - Similar pages

37-1-132
Section 37-1-132 Right of appeal to supreme court. Any party may appeal to the Supreme Court
of Alabama from the judgment of the Circuit Court of Montgomery County. In connection with
any such appeal by a utility, if no supersedeas bond has been previously given to supersede
the action or order of the commission, the utility appealing the judgment of the circuit court
may supersede such judgment by filing a bond upon application, in such amount, and upon such
condition, all as is provided in this subdivision. Except as otherwise provided in this subdivision,
the appeal to the supreme court shall be taken in accordance with the Alabama Rules of Appellate
Procedure. (Code 1907, §5687; Code 1923, §9679; Code 1940, T. 48, §90.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-1-132.htm - 1K - Match Info - Similar pages

6-5-641
Section 6-5-641 Certification of classes. (a) No class of civil litigants shall be certified
or recognized by any court of the State of Alabama unless there shall have been compliance
with the procedures for certification of the class set forth in this article. (b) As soon
as practicable after the commencement of an action in which claims or defenses are purported
to be asserted on behalf of or against a class, or as soon as practicable after such assertions
in an amended pleading, but in no event prior to the time allowed by law for each party (including,
but not limited to, counterclaim, cross-claim, and third-party defendants) to file an answer
or other pleading responsive to the complaint, counterclaim, cross-claim, or third-party claim,
the court shall hold a conference among all named parties to the action for the purpose of
establishing a schedule, in the same manner and to the same extent contemplated by Ala.R.Civ.P.
16, for any discovery in which the parties may wish to engage...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-641.htm - 4K - Match Info - Similar pages

8-19-10
to the office of the Attorney General and to the local district attorney and, upon entry of
any injunction, judgment, or decree in the action, shall mail a copy of such injunction, judgment,
or decree to the office of the Attorney General and to the local district attorney. (e) At
least 15 days prior to the filing of any action under this section, a written demand for relief,
identifying the claimant and reasonably describing the unfair or deceptive act or practice
relied upon and the injury suffered, shall be communicated to any prospective respondent
by placing in the United States mail or otherwise. Any person receiving such a demand for
relief who, within 15 days of the delivering of the demand for relief, makes a written tender
of settlement which is rejected by the claimant may, in any subsequent action, file the written
tender and an affidavit concerning this rejection. If the court finds that the relief tendered
was sufficient to compensate the petitioner for his or her...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19-10.htm - 5K - Match Info - Similar pages

12-24-3
Section 12-24-3 Recusal of a justice or judge due to campaign contribution; rebuttable presumption;
appeal. (a) In any civil action, on motion of a party or on its own motion, a justice or judge
shall recuse himself or herself from hearing a case if, as a result of a substantial campaign
contribution or electioneering communication made to or on behalf of the justice or judge
in the immediately preceding election by a party who has a case pending before that justice
or judge, either of the following circumstances exist: (1) A reasonable person would perceive
that the justice or judge's ability to carry out his or her judicial responsibilities with
impartiality is impaired. (2) There is a serious, objective probability of actual bias by
the justice or judge due to his or her acceptance of the campaign contribution. (b) A rebuttable
presumption arises that a justice or judge shall recuse himself or herself if a campaign contribution
made directly by a party to the judge or justice...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-24-3.htm - 2K - Match Info - Similar pages

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

35-11-112
Section 35-11-112 Joinder of persons having liens on same property. (a) Persons having liens
under the provisions of this division, on the same property, may join in the same action for
the enforcement of their respective liens; and when there is such joinder, the court or jury
trying the action must ascertain the amount due to each of the plaintiffs secured by the lien,
and judgment must be rendered accordingly; but the failure of one or more of the plaintiffs
to establish his or their liens shall not defeat a recovery by the others. The proceeds of
the sale of the property levied on, if not sufficient to satisfy the demands of all the plaintiffs,
shall be distributed, after payment of the costs, pro rata among them. (b) When persons having
such liens on the same property refuse, after notice in writing, to join in such action, the
persons giving the notice may proceed without them on making affidavit of the fact of such
notice and refusal; and notice of the levy of the attachment...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-11-112.htm - 2K - Match Info - Similar pages

35-7-7
Section 35-7-7 Action to recover costs and expenses. If one joint owner or tenant in common
of a partition fence, after 10 days' notice from other joint owners or tenants in common of
such partition fence to assist or join with them in the erection of a partition fence, shall
fail or refuse to assist in the erection, repair, or maintaining, and fail or refuse to pay
his pro rata or aliquot part of the costs and expenses of erecting, repairing, or maintaining
such fence, he shall be liable to the other joint owners or tenants in common of such fence
for his pro rata or aliquot part of the costs and expenses of erecting, repairing, or maintaining
such fence, to be recovered in any court having jurisdiction of such action. In all such trials,
however, the propriety, necessity, as well as the amount for erecting, repairing, and maintaining
shall be questions for the determination of the court or jury trying the case; the object
and purpose of the law being that each joint owner or tenant...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-7-7.htm - 1K - Match Info - Similar pages