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42-2-9
Section 42-2-9 Appeal from assessment of damages. Either party may appeal from the assessment
of damages and compensation by the commissioners to the circuit court of the county within
30 days after the making of the order of condemnation, upon the report of the commissioners,
by filing in the court rendering the judgment a written notice of appeal, a copy of which
shall be served on the opposite party, and on such appeal the trial shall be de novo. No appeal
shall suspend the judgment if the applicant shall pay into court in money the amount of damages
assessed and give bond in double the amount so assessed, with good and sufficient surety,
to be approved by the judge of probate, to pay such damages as the owner may sustain. (Code
1907, §2423; Code 1923, §3157; Code 1940, T. 59, §13.)...
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43-2-192
Section 43-2-192 Appointment of nonresident executor - Filing of copies of will and letters
testamentary; bond and surety. When the will has been probated in another state or territory,
before issuing letters testamentary thereon to a nonresident executor, the judge of probate
must require him to file in court a copy of the will under which he is appointed, together
with a certificate of the judge of the court in which the will was probated, that such will
was regularly proved and established and that letters testamentary were issued to him thereon,
in accordance with the laws of the state or territory in which such original letters were
granted, and also to give bond and surety upon the same terms, conditions and requirements
as are required by law of citizens of this state. But if it shall appear from the will that
the testator, by an express provision therein, has exempted the applicant from giving bond
as executor, such bond must not be required, except in the cases specified in...
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12-22-222
Section 12-22-222 Stay of proceedings on judgment; admission of defendant to bail; proceedings
on failure to appear. (a) If the defendant is in the custody of the sheriff and the order
allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being
served with the clerk's certificate that the order has been filed and with a copy of the order,
keep and detain the defendant in his custody, without executing the sentence which may have
been passed on his conviction, to abide the judgment that may be entered on the writ of error.
(b) If the conviction is for an offense which is not punished capitally or by imprisonment
for a term not exceeding 10 years, the judge or court must also direct the clerk of the court
in which conviction was had to admit the defendant to bail in a sum which may be prescribed
by the court, with sufficient sureties, conditioned for his appearance at the next session
of the court in which the conviction was had and, from session to...
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26-9-9
Section 26-9-9 Procedure for appointment of guardian - Appointment of guardian; execution and
filing of bonds by guardian; filing of certificate by personal sureties. Before making an
appointment under the provisions of this chapter the court shall be satisfied that the guardian
whose appointment is sought is a fit and proper person to be appointed. Upon the appointment
being made, the guardian shall execute and file a bond to be approved by the court in an amount
not less than the sum then due and estimated to become payable during the ensuing year. The
bond shall be in the form and be conditioned as required of a guardian appointed under the
guardianship laws of this state and it shall be the duty of the court having jurisdiction
of the cause, upon the application by any party in interest, to require the filing of an individual
bond in accordance with the provisions of this section without regard to the provisions of
any preexisting general or local statute or charter provision of...
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40-10-24
Section 40-10-24 Officers not to be interested in purchase. If the assessor, collector, judge
of probate or any county tax assessor shall directly or indirectly be concerned or interested
in the purchase of any real estate sold for taxes, the sale shall be void, and he and his
sureties on his official bond shall be liable to a penalty of not exceeding $500 to be fixed
by the jury, which may be recovered in an action in the circuit court, or court of like jurisdiction,
brought on the relation of any taxpayer of the county, in the name of the state, one half
of the amount recovered to be paid to the relator and the other half to the state. (Acts 1935,
No. 194, p. 256; Code 1940, T. 51, §271.)...
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
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43-8-197
Section 43-8-197 Change of venue. (a) At any time before the trial of such contest, either
party may remove the same to another county by proceeding as is required in civil actions
in the circuit court; and when an order for the removal of the trial of such contest is made,
the judge of probate must transmit the will, subpoenas and all other papers belonging, and
a transcript of all the entries of record relating thereto, to the judge of the probate court
of the county to which the trial is ordered to be removed. Such judge of probate must proceed
to try the case in the same manner as prescribed for the judge of probate of the county from
which it has been removed. (b) If the judgment is rendered in the probate court to which it
has been removed, and no appeal is taken within 30 days thereafter, such judgment must be
certified by the judge of such probate court, and the will and other papers be returned to
the probate court from which the trial was removed; and the will must be...
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10A-2-14.32
Section 10A-2-14.32 Receivership or custodianship. REPEALED IN THE 2019 REGULAR SESSION BY
ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) A court
in a judicial proceeding brought to dissolve a corporation may appoint one or more receivers
to wind up and liquidate, or one or more custodians to manage the business and affairs of
the corporation. The court shall hold a hearing, after notifying all parties to the proceeding
and any interested persons designated by the court, before appointing a receiver or custodian.
The court appointing a receiver or custodian has exclusive jurisdiction over the corporation
and all of its property wherever located. (b) The court may appoint an individual, domestic
or foreign corporation, authorized to transact business in this state, or other entity as
receiver or custodian. The court may require the receiver or custodian to post bond, with
or without sureties, in an amount the court directs. (c) The court shall...
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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
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45-36-232.28
Section 45-36-232.28 Release pending trial; conditions; order; notice. (a) Any person in Jackson
County charged with an offense, at his or her appearance before a judicial officer, may be
ordered released pending trial on his or her personal recognizance or upon the execution of
an unsecured appearance bond in an amount specified by the judicial officer, unless the judicial
officer determines, in the exercise of his or her discretion, that such a release will not
reasonably assure the appearance of the person as required. When such a determination is made,
the judicial officer, either in lieu of or in addition to the above methods of release, shall
impose the first of the following conditions of release which will reasonably assure the appearance
of the person for trial or, if no single condition gives that assurance, any combination of
the following conditions: (1) Place the person in the custody of a designated person agreeing
to supervise him or her. (2) Place restrictions on the...
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