12-22-198
Section 12-22-198 Appeals from denial of petition or where parts of record ordered transcribed
deemed inadequate. (a) Any defendant or petitioner who has filed a petition under the provisions
of this division and which petition is denied by the trial court, or if parts of the record
ordered to be transcribed are deemed to be inadequate by defendant or petitioner, said defendant
or petitioner may, within 10 days from the order of the trial court, file a notice of appeal
with the clerk of the trial court from the order denying the petition or from the order deemed
inadequate in specifying the parts of the transcript of the evidence to be forwarded to the
appellate court on appeal, and such notice of appeal shall specify with particularity wherein
the defendant or petitioner considers himself aggrieved by the order of the trial court, whereupon
the trial judge shall cause to be certified and transmitted, to the Court of Criminal Appeals
in cases wherein the punishment is 20 years or less...
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15-21-6
Section 15-21-6 To whom petition addressed. (a) When the person is confined in a county jail
or any other place on a charge of felony or under a commitment or an indictment for felony,
the petition for a writ of habeas corpus must be addressed to the nearest circuit court judge.
(b) When the person is confined in the penitentiary or under a sentence, judgment or order
of the supreme court or the circuit court, other than an indictment for felony, the petition
must be addressed to the nearest circuit court judge. (c) In all other cases, it may be addressed
to any one of them, and when the person is confined in any other place than the county jail
or the penitentiary and on any other than a criminal charge, it may be addressed to any circuit
court judge. (Code 1852, §713; Code 1867, §4264; Code 1876, §4940; Code 1886, §4764; Code
1896, §4817; Code 1907, §7012; Code 1923, §4310; Code 1940, T. 15, §6.)...
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2-26-6
Section 2-26-6 Injunctive proceedings to restrain persons selling, processing, cleaning, etc.,
seed without permit. Any person required to secure a permit as provided under Section 2-26-5
who fails or refuses to apply for and obtain such a permit and pay the fee therefor may be
restrained from engaging in the sale of agricultural, vegetable, flower, tree, shrub or herb
seed or from operating a seed cleaning, shelling, delinting or processing plant. In addition
to the penalty provided in this article, the Commissioner of Agriculture and Industries may
file a petition in the circuit court for a temporary restraining order or permanent injunction
or both; and, for cause shown, the court shall have jurisdiction to restrain or enjoin any
person from engaging in the sale of seed without securing the permit as required under this
article. Such temporary restraining order or permanent injunction shall be issued without
bond. (Acts 1963, No. 424, p. 931, §11.)...
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22-11A-27
Section 22-11A-27 Commitment petition - Notice of petition to be served; contents. When any
petition has been filed seeking to commit a person to the custody of the Alabama Department
of Public Health on the ground that such person is a danger to public health and such petition
has been reviewed by the probate judge, the probate judge shall order the sheriff of the county
in which such person is located to serve a copy of the petition, together with a copy of the
order setting the petition for hearing, upon such person. Said notice shall include the date,
time and place of the hearing; a clear statement of the purpose of the proceeding and the
possible consequences to the subject thereof; the alleged factual basis for the proposed commitment;
a statement of the legal standards upon which commitment is authorized; and a list of the
names and addresses of the witnesses who may be called to testify in support of the petition.
Said notice shall be served on the person sought to be...
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22-52-3
Section 22-52-3 Service of petition and order setting petition for hearing upon person sought
to be committed; contents of notice. When any petition has been filed seeking the involuntary
commitment of a respondent and such petition has been reviewed by the probate judge, the probate
judge shall order the sheriff of the county in which the respondent is located to serve a
copy of the petition, together with a copy of the order setting the petition for a hearing,
upon the respondent. Said notice shall include the date, time and place of the hearing; a
clear statement of the purpose of the proceeding and the possible consequences to the subject
thereof; the alleged factual basis for the proposed commitment; a statement of the legal standards
upon which commitment is authorized; and a list of the names and addresses of the witnesses
who may be called to testify in support of the petition. The hearing shall be preceded by
adequate notice to the respondent. (Acts 1975, No. 1226, p. 2562,...
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26-11-3
Section 26-11-3 Procedure for change of name of child upon petition by father generally; notification
of mother and child; filing of response; appointment of guardian ad litem; hearing; issuance
of order by court; certification of minutes of court to Center for Health Statistics, etc.
(a) The father may petition at the time of filing the declaration of legitimation or at any
time subsequent to the determination of legitimation to change the name of such child, stating
in his declaration the name it is then known by and the name he wishes it afterwards to have.
Such petition shall be filed in the office of the judge of probate of the father's residence
or the child's residence. (b) Upon the filing of the petition for name change, notice shall
be given to the child's mother and to the child as provided by the Alabama Rules of Civil
Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child's
mother shall, within 30 days after receiving notice, file her...
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6-6-283
Section 6-6-283 Demanding abstract of title to be relied on for recovery or defense; proceedings
upon failure to furnish same. In all actions or proceedings involving the title or right of
possession to land, either party may, by notice in writing to the opposing party or his attorney
of record not less than 10 days before the trial, demand an abstract in writing of the title,
or titles, on which he will rely for recovery or defense, and such party must be confined
to the proof of such title or titles upon the trial. If either party, after such demand and
notice, fails to furnish such abstract of title, the party so demanding may move the court
to require the party in default to furnish the abstract of title, and the court may enter
an order requiring the party so in default to furnish the abstract of title within the time
to be fixed by the order of the court. Upon failure to comply with such order, the court must
dismiss the action or proceeding if the plaintiff is in default or may...
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6-6-459
Section 6-6-459 Contest of answer by defendant. The defendant, upon the coming in of the answer,
may, within 30 days after notice of the filing of the answer, allege that the garnishee is
indebted to him in a larger sum than he has admitted, is otherwise liable to him on a demand,
the subject of garnishment, or that he holds money or effects of the defendant not admitted
in his answer, which, being reduced to writing setting forth particularly in what respect
the answer is deficient and being sworn to, an issue must thereupon be made up, under the
direction of the court, which must be tried by a jury if required by either party; but such
controversy shall not prevent the plaintiff from taking judgment upon the answer of the garnishee.
(Code 1852, §2547; Code 1867, §2975; Code 1876, §3300; Code 1886, §2982; Code 1896, §2197;
Code 1907, §4326; Code 1923, §8077; Code 1940, T. 7, §1021.)...
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9-17-16
Section 9-17-16 Injunctions - Issuance against board, etc. (a) No temporary restraining order
or injunction of any kind shall be granted against the board or the members thereof or against
the Attorney General or any district attorney or against any agent, employee or representative
of the board restraining the board or any of its members or any of its agents, employees or
representatives or the Attorney General or any district attorney, from enforcing any of the
provisions of this article or any rule, regulation or order made under this article, except
after due notice to the members of the board and to all other defendants and after a hearing
at which it shall be clearly shown to the court that the act done or threatened is without
sanction of law and, if enforced against the complaining party, will cause an irreparable
injury. The judgment or order of the court granting temporary injunctive relief shall state
the nature and extent of the probable invalidity of any provision of this...
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11-42-43
Section 11-42-43 Ordering of election. Within 10 days of the date of the filing of such certified
copy of resolution with plat or map attached, the judge of probate must make and enter an
order upon the minutes of said court directing and ordering an election to be held by the
qualified electors residing within the territory described in such plat or map not less than
20 days nor more than 40 days from the date of the making of the order. (Code 1907, §1078;
Code 1923, §1772; Code 1940, T. 37, §141.)...
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