Code of Alabama

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37-1-134
Section 37-1-134 Appeal by utility. If said appeal is taken by the utility, security for the
costs of the appeal shall be given as in cases of other appeals from the circuit court; except,
that if a supersedeas bond had been given on appeal to the circuit court as provided for in
this subdivision, then pending said appeal to the supreme court by the utility, or pending
an appeal thereto by the Public Service Commission, if it should appeal, such bond shall continue
in force and effect and all the conditions thereof shall be complied with, and no other supersedeas
bond need be given by the utility. (Acts 1909, No. 42, p. 96; Code 1923, §9844; Code 1940,
T. 48, §92.)...
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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.)...
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37-1-126
Section 37-1-126 Superseding order - Order of stay or supersedeas. An appeal to the Circuit
Court of Montgomery County shall not stay or supersede the order or action of the commission
appealed from. Subject to the provisions of this subdivision, the circuit court may, upon
hearing and notice, and after consideration of the testimony taken before the commission,
stay or supersede the order or action of the commission. (1) If the appeal to the circuit
court is from an order of the commission reducing or refusing to increase rates, fares or
charges, or any of them, or any schedule or part or parts of any schedule, of such rates,
fares or charges, the circuit court shall not direct or order a supersedeas or stay of the
action or order appealed from without requiring, as a condition precedent to the granting
of such supersedeas, that the utility applying for the same shall execute and file with the
clerk of said court a bond which shall be as provided in this subdivision. (2) If the...
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40-7-23
Section 40-7-23 Assessment of escaped taxes; avoidance of penalty; notice and collection. (a)
Whenever the tax assessor, county revenue commissioner, or other assessing official shall
discover that any property, including any improvements on real estate assessed as vacant property,
has escaped taxation in any assessment within five years next preceding the current year,
he shall list, return, and value said property for assessment for the years during which same
has escaped taxation and shall also endorse on such returns the year or years for which the
property has escaped taxation and, except as provided in subsection (b) hereinafter, the accrual
of a penalty of 10 percent of the taxes assessed thereon for each year. (b) Any taxpayer who
escaped assessment of tangible personal property for taxable years ending on or before September
30, 1988 shall not have accrued to his account the 10 percent penalty, provided: (1) He files
a proper tax return and assesses such property not later...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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11-51-156
Section 11-51-156 Bond to dissolve temporary injunctive relief - Forfeiture of bond and issuance
of execution thereon. In the event no supersedeas bond is given on appeal or if no appeal
is taken and the respondent fails to pay the judgment and costs within 30 days after the entry
of judgment in the circuit court, it shall be the duty of the register or clerk within 10
days of the expiration of said limit of 30 days to declare said bond forfeited and to issue
execution thereon against the principal and sureties. If for any reason the register or clerk
fails to declare the bond forfeited within the time prescribed in this section, he may do
so any time thereafter and issue execution as directed in this section. (Acts 1936-37, Ex.
Sess., No. 152, p. 169; Code 1940, T. 37, §766.)...
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37-1-129
Section 37-1-129 Superseding order - Additional bond. An additional bond of like amount and
with the same conditions shall be given at the end of each six months pending the appeal to
the Circuit Court of Montgomery County and pending any subsequent appeal by any party to the
supreme court. (Acts 1909, No. 42, p. 96; Code 1923, §9841; Code 1940, T. 48, §87.)...
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6-6-353
Section 6-6-353 Proceedings when determination is against appellant. In cases of forcible entry
or unlawful detainer, the judgment, if against the appellant, must be entered in the circuit
court against him and the sureties on the appeal or certiorari bond, including the costs in
the inferior and circuit courts, and if the appeal or certiorari was sued out by the defendant
and a supersedeas bond was executed, a writ of restitution or possession must be awarded and
judgment must also be entered against the defendant and the sureties on his supersedeas bond
for the value of the rent of the premises pending the appeal. (Code 1852, §§2866, 2867;
Code 1867, §§3315, 3316; Code 1876, §§3712, 3713; Code 1886, §3411; Code 1896, §2146;
Code 1907, §4282; Code 1923, §8023; Code 1940, T. 7, §986.)...
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12-22-6
Section 12-22-6 Judgments on applications for remedial writs. Appeals may be taken to the appropriate
appellate court from the judgment of the circuit court on application for writs of certiorari,
supersedeas, quo warranto, mandamus, prohibition, injunction and other remedial writs as provided
by the Alabama Rules of Appellate Procedure; but such appeal shall not operate as a stay of
execution unless supersedeas bond is given by the appellant pursuant to Rule 8 of the Alabama
Rules of Appellate Procedure. But this section shall not be construed as to prevent the presentation
of an issue upon appeal taken after a final determination of the case. (Code 1876, §3923;
Code 1886, §3616; Code 1896, §431; Code 1907, §2843; Code 1923, §6085; Code 1940, T. 7,
§761.)...
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