6-6-463
Section 6-6-463 Disposition of claims of other persons suggested by garnishee. (a) When the
garnishee, by his answer as originally filed or by any supplemental answer thereafter, alleges,
at any time before final judgment against him, that he has been notified that another person
claims title to, or an interest in, the debt, demand, money, or effects which, by his answer,
he has admitted to be due or owing or to be in his possession, the clerk must issue notice
to the suggested claimant to appear within 30 days after service of the notice and propound
his claim and contest with the plaintiff the right to such debt, demand, money or effects.
(b) If he appears, he must be required to propound his claim in writing and make oath thereto,
upon which the plaintiff must take issue in law or in fact, and the issue in fact must be
tried by a jury, if required by either party. If the issue is found for the plaintiff, judgment
must be entered against the garnishee on his answer or, if for the...
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40-2-11
Section 40-2-11 Powers and duties generally. It shall be the duty of the Department of Revenue,
and it shall have the power and authority, in addition to the authority now in it vested by
law: (1) To have and exercise general and complete supervision and control of the valuation,
equalization, and assessment of property, privilege, or franchise and of the collection of
all property, privilege, license, excise, intangible, franchise, or other taxes for the state
and counties, and of the enforcement of the tax laws of the state, and of the several county
tax assessors and county tax collectors, probate judges, and each and every state and county
official, board, or commission charged with any duty in the enforcement of tax laws, to the
end that all taxable property in the state shall be assessed and taxes shall be imposed and
collected thereon in compliance with the law and that all assessments on property, privileges,
intangibles, and franchises in the state shall be made in exact...
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3-5-12
Section 3-5-12 Proceedings for recovery of livestock or animal by owner; determination of validity
of seizure, amount of damages, etc., where owner unknown, etc.; fees and costs of district
court judge and officer making seizure; appeals from judgment of district court. (a) The owner
of any livestock or animal which has been seized shall have the right to possession of the
same by paying such judgment and the costs thereof or, if no judgment has been entered, by
paying such damages as may be agreed upon together with fees and costs and expenses due on
account of such seizure to the person or officer so seizing such livestock or animal or to
the person who may at the time of such payment have such livestock or animal in his possession
and by paying to the court the costs of the court incurred to the time of such payment. Should
the parties be unable to agree upon the amount of damages, fees, costs and expenses due, either
party shall have the right to go before any district court judge...
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28-4-277
Section 28-4-277 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Persons entitled to appeal; bond for costs of appeal required; right to
jury trial; proceedings in circuit court. Any person appearing and becoming a party defendant
as provided in this article may appeal from the judgment of forfeiture and condemnation as
to the whole or any part of the liquors and beverages and vessels and receptacles claimed
by him and adjudged forfeited to the circuit court as in other cases appealed from a district
court to a circuit court, the appeal to be granted upon parties giving bond for the cost of
appeal, that will be incurred in the circuit court. Upon written demand being made therefor
endorsed on the appeal bond at the time said appeal is taken, the appellants may be entitled
to a jury for the trial of the action in the circuit court. Said circuit court shall proceed
with the case de novo and may cause suitable issues to be framed for the...
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15-15-24
Section 15-15-24 Determination of degree of offense and fixing of punishment; when jury impaneled.
(a) If a defendant upon arraignment or prior to trial pleads guilty, the court, without the
intervention of a jury, shall determine the degree of the offense and fix the punishment therefor
the same as a jury might fix or impose it if the case were being tried by a jury, unless,
in the discretion of the trial judge, a jury should be impaneled to determine the degree of
the offense or to fix the punishment therefor or unless the defendant at the time of entering
such plea demands a jury in writing. The court shall not in any event, however, impose capital
punishment without the intervention of a jury. (b) Whenever, in the discretion of the trial
judge, a jury should be impaneled or a jury is demanded, in the manner and at the time prescribed
in subsection (a) of this section, no special venire need be drawn, but the court must cause
the punishment to be determined by a jury, except where...
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11-42-66
Section 11-42-66 Appeals from judgment of probate judge - Filing; security for costs; right
to jury trial. The property holders of the city shall have the right to appeal from the judgment
of the judge of probate to the circuit court of the county in which the land is situated,
within 10 days from the rendition of the judgment by the judge of probate, the property owner
giving security for cost of appeal, to be approved by the judge of probate, if the appeal
is taken by the property owner. On an appeal taken by either party, the action shall be entered
on the trial docket and tried de novo in the circuit court, without a jury unless a trial
by jury is demanded by the party taking the appeal by serving upon the other party a demand
therefor in writing not less than 10 days after filing the notice of appeal or unless a trial
by jury is demanded by the other party in the action by serving a demand therefor in writing
upon the other party within 10 days from the time that notice of such...
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15-14-30
Section 15-14-30 Demand for jury in misdemeanor cases in circuit court. In all misdemeanor
cases in the circuit court, the issues and questions of fact shall be tried by the judge of
the court without the intervention of a jury except in cases where a trial by jury is demanded
in writing by the defendant. Such written demand shall be filed in the case with the clerk
of the court on or before the first sounding of the case if the case is sounded within 30
days after the defendant has been arrested or taken into custody after the finding of the
indictment or, within 30 days after the defendant has appealed if the case is brought to the
circuit court by appeal; and, if such case is not sounded within 30 days after the defendant
has appealed, been arrested or been taken into custody after the finding of the indictment,
then such written demand must be filed with the clerk within 30 days after the defendant has
appealed, or been arrested or taken into custody after the finding of the...
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23-4-5
Section 23-4-5 Appeals. Any party affected by the vacation of a street, alley, or highway pursuant
to this chapter may appeal within 30 days of the decision of the governing body vacating the
street to the circuit court of the county in which the lands are situated, and upon such appeal,
the proceeding shall be tried de novo, either party having the right to demand trial by jury
when and as demand is authorized in civil actions. The appeal shall not suspend the effect
of the decision of the governing body unless the appealing party shall give bond, with sureties,
in an amount to be determined by the circuit judge. From the judgment of the circuit court,
an appeal may be taken within 42 days by either party to the Court of Civil Appeals or the
Supreme Court in accordance with the Alabama Rules of Appellate Procedure. (Acts 1931, No.
49, p. 62; Code 1940, T. 56, §30; Act 2004-323, p. 548, §1.)...
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11-48-41
Section 11-48-41 Appeals to circuit court from assessments - Conduct generally; right of jury
trial; entry of judgment and assessment of costs generally. The civil action may be tried
on the record without other pleadings, and the court shall hear all objections of the property
owners to said assessment and the amount thereof and shall determine whether or not such assessment
exceeds the increased value of such property by reason of the special benefits derived from
the improvement, and shall enter judgment accordingly. Such civil action shall be tried by
the judge without a jury, unless a jury trial is demanded at the time of filing appeal, in
which event the action shall be tried by a jury as in other civil actions. In the event the
court or jury shall not sustain the assessment for the full amount, the costs of the appeal
and trial in the circuit court shall be adjudged against the municipality. (Code 1907, §1394;
Code 1923, §2209; Acts 1927, No. 639, p. 753; Code 1940, T. 37,...
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37-4-63
Section 37-4-63 Forced sales - Appeals to circuit court. Any party shall have the right to
appeal from the order of the commission, such appeal to be governed by existing provisions
of law relating to appeals from final orders of the commission; except, that such appeal shall
be taken to the circuit court of the judicial circuit containing the greater portion, by value,
of the property to be acquired, and such appeal shall be taken within 10 days from the filing
of the order of the commission. The order of the commission shall specify the judicial circuit
in which the greater portion of the property, by value, is located, and such specification
shall be conclusive for fixing the venue of an appeal. On any such appeal, if the court shall
determine that any condition imposed by the order of the commission is unreasonable or that
the commission has erred in determining the just compensation to be paid, the court shall
proceed to enter the judgment the commission should have entered. Any...
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