17-3-55
Section 17-3-55 Refusal of registration - Appeal. Any person to whom registration is denied
shall have the right of appeal, without giving security for costs, within 30 days after such
denial, by filing a petition in the probate court in the county in which he or she seeks to
register, alleging that he or she is a citizen of the United States over the age of 18 years
having the qualifications as to residence prescribed by law and entitled to register to vote
under the provisions of the Constitution of Alabama of 1901, as amended. Upon the filing of
the petition, the clerk of the probate court shall give notice thereof to the district attorney
authorized to represent the state in the county, who shall appear and defend against the petition
on behalf of the state. The registrars shall not be made parties and shall not be liable for
costs. An appeal will lie to the circuit court in favor of the petitioner if taken within
30 days from the date of the judgment pursuant to Section 12-22-20....
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35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant. When
it is necessary to make any persons defendant to a petition in the probate court filed for
the partition of property or for a sale thereof because it cannot be equitably divided, and
the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
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37-14-14
Section 37-14-14 Judicial determination of legality, etc., of article - Finality of judgment.
If the circuit court shall enter a judgment validating and confirming the propriety of the
provisions of this article and purchases and sales, other transactions and restrictions under
this article and no appeal shall be taken within the time prescribed within the Alabama Rules
of Appellate Procedure; or, if an appeal is taken and the judgment validating the provisions
of this article and such purchases and sales, other transactions and restrictions shall be
affirmed by the supreme court; or, if the circuit court shall render a judgment refusing to
validate and confirm the provisions of this article and/or the purchase and sale, other transactions
or restrictions pursuant to this article, and on appeal such judgment shall be reversed by
the supreme court (in which case the supreme court shall issue its mandate to the circuit
court requiring it to enter a judgment validating the provisions of...
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40-1-42
Section 40-1-42 Overpayments into State Treasury. The Comptroller must draw his warrant on
the State Treasurer in favor of any judge of probate, tax collector, county treasurer, clerk
of the circuit court, or other officer paying money into the State Treasury for any amount
overpaid into the Treasury by such judge of probate, tax collector, county treasurer, clerk
of the circuit court, or other officer. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §338.)...

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12-13-17
Section 12-13-17 Liability of sheriff, deputies, etc., for failure to make money on or return
execution issued by probate court, etc. For a failure to make money on or for failing to return
any execution issued from or returnable to the probate court or for not paying over money
collected on such execution, the sheriff, coroner or other officer and his sureties are liable
to the same penalties and judgments as in like cases in the circuit court, the proceedings
to be instituted and conducted in the probate court in the same manner as in the circuit court,
either party having the right, on request, to a trial of all questions of fact by a jury,
and an appeal from the judgment entered may be taken to the circuit or Supreme Court. (Code
1852, §681; Code 1867, §806; Code 1876, §711; Code 1886, §800; Code 1896, §3379; Code
1907, §5437; Code 1923, §9599; Code 1940, T. 13, §308.)...
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12-22-132
Section 12-22-132 Reserving questions of law; presumption that written charges asked before
jury retired. Any question of law arising in any of the proceedings in a criminal case tried
in the circuit court may be reserved by the defendant, but not by the state, except as provided
in Section 12-22-91, for the consideration of the Supreme Court or Court of Criminal Appeals.
All written charges in the record on appeal shall be presumed to have been asked of the court
before the jury retired unless shown to the contrary by notation of the trial judge of the
refused charges. (Code 1852, §751; Code 1867, §4302; Code 1876, §4978; Code 1886, §4508;
Code 1896, §4312; Code 1907, §6243; Code 1923, §3234; Code 1940, T. 15, §365.)...
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40-7-46
Section 40-7-46 Appeals - Notice. Any taxpayer desiring to appeal under Section 40-7-45 shall
file with the officer, board, or commission, or some member thereof, a notice in writing that
he appeals to the circuit court, together with a bond in the sum of $100, with at least one
solvent surety, payable to the State of Alabama, conditioned to prosecute such appeal to effect
and, upon failure so to do, to pay all costs and damages which may be adjudged against him
by the circuit court on such appeal; the bond to be approved by the probate judge or circuit
clerk of the county. (Code 1923, §6097; Code 1940, T. 51, §75.)...
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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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12-13-13
Section 12-13-13 Chief clerk of probate court - Oath and bond. The chief clerk of the probate
court, before he enters upon his duties, must take the oath directed to be taken by the officers
of this state and give bond, with surety, payable to the probate judge, in such sum as he
may prescribe, upon which bond such clerk shall be liable to such judge inconsequence of any
act of misfeasance or malfeasance of such chief clerk in the duties of his office, which bond
must be approved by the probate judge and filed and recorded in the office of the clerk of
the circuit court of the county. (Code 1852, §674; Code 1867, §796; Code 1876, §702; Code
1886, §795; Code 1896, §§3372, 3373; Code 1907, §5430; Code 1923, §9593; Code 1940, T.
13, §301.)...
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15-13-107
Section 15-13-107 Who may or shall accept, take, and approve bail and under what circumstances.
(a) Judges of any court within the State of Alabama may accept, take, and approve bail within
the jurisdiction of their respective courts. (b) Circuit, district, and municipal court clerks,
including magistrates, may accept, take, and approve bail within the jurisdiction of their
respective courts. (c) Only judicial officers and circuit, district, and municipal court clerks
or a designee of the court may accept and approve appeal bonds and cash bonds. Provided, however,
that any person designated by the court to receive cash bonds, shall be bonded to receive
court moneys and have the written approval of their chief administrative officer. Clerks of
the courts of Alabama may delegate to their employees the right to accept and approve appeal
bonds and cash bonds. (d) Sheriffs of the state and chiefs of police having custody of a defendant
may accept, take, and approve property or professional...
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