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35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this article,
good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment
or delivery of property to the Treasurer, the state assumes custody and responsibility for
the safekeeping of the property. A holder who pays or delivers property to the Treasurer in
good faith is relieved of all liability arising thereafter with respect to the property. The
payment or delivery of property to the Treasurer shall operate as a full, absolute and unconditional
release and discharge of the holder from any and all claims or demands of or liability to
any person entitled thereto, or to any other claimant or state, and the payment or delivery
may be pleaded as an absolute bar to any action brought against the holder by any other person
entitled thereto, or by any other claimant or state. Once properly pleaded, the holder shall
immediately and thereafter be relieved of and held harmless from...
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37-2-45
Section 37-2-45 Recovery of penalties or forfeitures. A civil action to recover the forfeitures
provided for in this chapter may be brought at any time within two years from the date the
offense was committed or forfeiture was incurred in the name of the State of Alabama, in any
court of competent jurisdiction in any county in which the transportation company is engaged
in business. In such action any number of forfeitures incurred up to the time of commencing
the same and not previously recovered may be sued for and recovered, or separate actions may
be brought for each penalty or forfeiture, and the commencement of an action to recover a
forfeiture shall not be, or be deemed to be, a waiver of the right to recover any other forfeitures.
(Acts 1909, No. 31, p. 39; Code 1923, §10070; Code 1940, T. 48, §162.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-2-45.htm - 1K - Match Info - Similar pages
6-5-430
Section 6-5-430 Enforcement of action upon contract or tort arising in another state when jurisdiction
of defendant can be obtained in this state; doctrine of forum non conveniens applied. Whenever,
either by common law or the statutes of another state or of the United States, a claim, either
upon contract or in tort has arisen outside this state against any person or corporation,
such claim may be enforceable in the courts of this state in any county in which jurisdiction
of the defendant can be legally obtained in the same manner in which jurisdiction could have
been obtained if the claim had arisen in this state; provided, however, the courts of this
state shall apply the doctrine of forum non conveniens in determining whether to accept or
decline to take jurisdiction of an action based upon such claim originating outside this state;
and provided further that, if upon motion of any defendant it is shown that there exists a
more appropriate forum outside this state, taking into...
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37-2-34
Section 37-2-34 Joint actions against connecting carriers. When goods, wares, merchandise or
other personal property are shipped to some point of delivery in this state over two
or more connecting lines of transportation companies, both or all of which are engaged in
the business of a transportation company in the State of Alabama, and such goods, wares and
merchandise or other personal property are lost, destroyed, or damaged because of unreasonable
delay in the delivery thereof or by the neglect of duty of any such transportation company
or connecting transportation companies, and the owner or consignee of such freight sustains
injury or loss thereby, and payment for such injury or loss or destruction is
not made after notice to and demand therefor of such connecting and delivering companies within
30 days thereafter, the owner or consignee thereof may bring a civil action against such delivering
and connecting companies jointly; the action to be instituted in the county of delivery,...
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34-27-31
appeals in connection with the judgment, file a verified claim in the court in which the judgment
was entered and, on 10 days' written notice to the commission, may apply to the court for
an order directing payment out of the Recovery Fund of the amount unpaid on the judgment.
(4) The court shall proceed on the application immediately and, on hearing, the aggrieved
person shall be required to show each of the following: a. He or she is not the spouse, child,
or parent of the debtor, or the personal representative of the spouse, child, or parent.
b. He or she has obtained a judgment, as described in subdivision (e)(3), stating the amount
of the judgment and the amount owing on the judgment at the date of the application, and,
that in the action, he or she had joined any and all bonding companies which issued corporate
surety bonds to the judgment debtor as principal and all other necessary parties. c. The following
items, if recovered by him or her, have been applied to the actual...
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35-2-58
Section 35-2-58 Vacation and annulment of map or plat, etc., by circuit court - Jurisdiction;
parties. The circuit courts of this state shall have jurisdiction and power to vacate and
annul any map, plat, or survey of lands, or any streets, alleys, avenues, or roads, whether
designated by any such maps, plats, or surveys or not, upon the filing of a civil action by
any person or persons owning any of the lots, parcels, or tracts of land abutting such roads,
streets, or alleys sought to be vacated or annulled. Unless the owners of all the lots or
parcels of land so abutting upon the roads, streets, or alleys sought to be vacated join as
plaintiffs, the owners and claimants of such other lots or parcels of land abutting upon the
roads, streets, or alleys sought to be vacated shall be made parties defendant; and the municipality,
town, or city, if the land is located within any municipality, town, or city, shall also be
made a party defendant; and, if not located in such municipality,...
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38-1-5
Section 38-1-5 Civil actions against certain persons owning property and supported at public
charge. If any person who has received any relief, support or maintenance at public charge,
under Chapter 8 of this title or as an inmate of any state, county or municipal institution,
was at the time of receiving such relief, support or maintenance the owner of property, the
authorities charged with the care of the poor of the municipality or the authorities in charge
of the institution chargeable with such relief, support or maintenance may file a civil action
for and collect the value of the same against such person and against his estate. In any such
action or proceeding, the statutes of limitation shall not be placed in defense, but the court
may, in its discretion, refuse to enter judgment or allow the claim in favor of the claimant
in any case where a parent, wife or child is dependent on such property for support. The records
kept by the state, county or municipality, for the purpose of...
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25-5-14
Section 25-5-14 Legislative findings and intent as to actions filed by injured employee against
officers, etc., of same employer. The Legislature finds that actions filed on behalf of injured
employees against officers, directors, agents, servants, or employees of the same employer
seeking to recover damages in excess of amounts received or receivable from the employer under
the workers' compensation statutes of this state and predicated upon claimed negligent or
wanton conduct resulting in injuries arising out of and in the course of employment are contrary
to the intent of the Legislature in adopting a comprehensive workers' compensation scheme
and are producing a debilitating and adverse effect upon efforts to retain existing, and to
attract new industry to this state. Specifically, the existence of such causes of action places
this state at a serious disadvantage in comparison to the existing laws of other states with
whom this state competes in seeking to attract and retain...
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41-9-80.7
Section 41-9-80.7 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE JUNE 10, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) If a person knowingly
and willfully fails to give notice in violation of Section 41-9-80.3, the Securities Commission,
after notice and hearing pursuant to the Alabama Administrative Procedure Act, may impose
an assessment of up to the amount of the payment or obligation to pay and a civil penalty
of up to one thousand dollars ($1,000) or ten percent of the payment or obligation to pay,
whichever is greater. (b)(1) If a person fails to pay the assessment and civil penalty imposed
by subsection (a), the assessment and civil penalty may be recovered from the person by an
action brought by the Securities Commission in any court of competent jurisdiction. (2) Notwithstanding
any provision of law to the contrary, an alleged failure by a convicted individual to give
notice under Section 41-9-80.3 may not result in...
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39-7-25
Section 39-7-25 Rights and remedies of bondholders. In addition to all other rights and all
other remedies any holder or holders of any bond or bonds of any authority incorporated under
this chapter, including a trustee for bondholders, shall have, subject to any contractual
limitations binding upon such bondholder or holders or trustee, and subject to the prior or
superior rights of others the following rights: (1) To institute a civil action on the bonds;
(2) To enforce his rights by mandamus or other civil action or proceeding against such authority
and the board of trustees of such authority, including the right to require such authority
and such board of trustees to fix and collect rates and charges adequate to carry out any
agreement as to or pledge of the revenues produced by such rates or charges and to require
such authority and such board to carry out any other covenants and agreements with such bondholder
and to perform its and their duties under this chapter; (3) To require...
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