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43-2-294
Section 43-2-294 Service of citation. A citation to such executor or administrator to appear
and answer the application on a day specified therein must be served on him five days before
the hearing of the complaint. (Code 1852, §1700; Code 1867, §2021; Code 1876, §2390; Code
1886, §2048; Code 1896, §95; Code 1907, §2569; Code 1923, §5792; Code 1940, T. 61, §182.)...
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43-2-564
Section 43-2-564 Settlement by sureties of deceased executor or administrator - Execution against
sureties. Execution and all other final process may issue against the said sureties on said
bond to enforce said judgments. (Acts 1915, No. 98, p. 138; Code 1923, §5939; Code 1940,
T. 61, §334.)...
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18-1A-74
Section 18-1A-74 Service of process. (a) On the filing of the complaint, the probate court
must enter an order appointing a day for the hearing thereof and must issue to the defendants
a copy of the complaint and notice of the day set for the hearing unless such notice is waived.
(b) Service upon a defendant of the notice with a copy of the complaint may be made in accordance
with Rule 4 of the Alabama Rules of Civil Procedure. (Acts 1985, No. 85-548, p. 802, §405.)...
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27-34-47
Section 27-34-47 Service of process. (a) Every society authorized to do business in this state
shall appoint, in writing, the commissioner and each successor in office to be its true and
lawful attorney upon whom all lawful process in any action or proceeding against it shall
be served and shall agree, in such writing, that any lawful process against it which is served
on said attorney shall be of the same legal force and validity as if served upon the society
and that the authority shall continue in force so long as any liability remains outstanding
in this state. Copies of such appointment, certified by the commissioner, shall be deemed
sufficient evidence thereof and shall be admitted in evidence with the same force and effect
as the original thereof might be admitted. (b) Service shall only be made upon the commissioner
or, if absent, upon the person in charge of his office. It shall be made in duplicate and
shall constitute sufficient service upon the society. When legal process...
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43-2-465
Section 43-2-465 Right of purchaser to cite executor or administrator to report sale. (a) If
the executor or administrator fails, within the time required by law, to report any sale of
lands made by him under the provisions of this article, the purchaser, or his heirs, or any
other person claiming under him directly or derivatively, may, on motion in the probate court,
have citation to issue to such executor or administrator, citing him to appear within 20 days
from the date of the service of the citation, and report the sale; and if such executor or
administrator is then a nonresident of the state, or his place of residence is unknown to
the party asking for the citation, the court, on affidavit being made of either of these facts,
must cause service of such citation to be made by publication, once a week for three successive
weeks, in some newspaper published in the county, or if none is published therein, in the
newspaper published nearest to the courthouse of such county. (b) If...
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5-13B-97
Section 5-13B-97 Service of process. (a) Service of any lawful process in any judicial or administrative
proceeding against the foreign bank or any of its successors which arises out of the foreign
bank's activities in this state shall be made on the superintendent by delivering to and leaving
with him or her, or with any official having charge of his or her office, duplicate copies
of such process, notice, or demand. If any process, notice, or demand is served on the superintendent,
he or she shall immediately cause a copy thereof to be forwarded by registered mail addressed
to such foreign bank at its principal office as the same appears in his or her records. Any
service so had on the superintendent shall be returnable in not less than 30 days. (b) Nothing
in this article limits or affects the right to serve any process, notice, or demand required
or permitted by law to be served upon a foreign corporation in any other manner now or hereafter
permitted by law. (c) The superintendent...
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43-2-530
Section 43-2-530 Authorization to compel settlement. Any executor or administrator may be required
by citation to file his accounts and vouchers and to make a settlement, notwithstanding any
provision in any will or other instrument to the contrary; and, if after service of the citation,
he fails to file his accounts and vouchers for a settlement on the day named in the citation,
the probate court or other court having jurisdiction of the said estate may compel him to
do so by attachment or may proceed to state the account against him from the materials on
file or such other information as may be accessible, charging him with such assets as may
have come to his hands. (Code 1852, §1817; Code 1867, §2153; Code 1876, §2524; Code 1886,
§2155; Code 1896, §223; Code 1907, §2686; Acts 1919, No. 440, p. 566; Code 1923, §5919;
Code 1940, T. 61, §316.)...
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12-13-9
Section 12-13-9 Powers of probate court as to punishment for contempt. (a) The probate court
may issue show cause orders and attachment for contempts offered to the court or its process
by any executor, administrator, guardian, or other person and may punish the person by a fine
not exceeding twenty dollars ($20) and imprisonment not exceeding 24 hours, or both. (b) In
all cases or other proceedings in the probate court of a county where the judge of probate
is a licensed attorney in this state, the judge of probate shall have the same power to punish
for civil contempt as granted to a judge of the circuit court pursuant to Section 12-11-30
or other law or as provided by the common law of this state. (Code 1852, §671; Code 1867,
§791; Code 1876, §694; Code 1886, §788; Code 1896, §3364; Code 1907, §5420; Code 1923,
§9580; Code 1940, T. 13, §279; Act 2017-388, §1.)...
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12-22-24
Section 12-22-24 Bond on appeal of order removing executor or administrator. (a) No appeal
can be taken from any order of the probate court removing an executor or administrator unless
the applicant gives either a cash bond or a bond with at least two good and sufficient sureties,
payable to the probate judge and in the amount fixed by him, not less than the amount of his
bond as executor or administrator, conditioned to prosecute the appeal to effect and, until
the same is decided, faithfully to discharge his duties as such executor or administrator.
(b) If such appeal is decided against the appellant, any cash bond posted or part thereof
may be ordered forfeited for costs, or, if other than a cash bond was given, execution for
costs may issue against him and the sureties on such bond, their names being certified with
the record to the appellate court. (c) Such bond also stands as security for the faithful
discharge of his duties as such executor or administrator, from the time the...
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36-11-13
Section 36-11-13 Proceedings in circuit court - Issuance and service of order to appear and
answer information, summons and copy of information; setting of trial date and granting of
continuances generally. If such information is filed in the circuit court, the judge of such
court shall make an order requiring the officer proceeded against to appear at a place and
on a day to be specified in the order and answer the information. The clerk of the court shall
issue a summons, in which shall be set forth a copy of the order, directed to any sheriff
of the state of Alabama, and which, together with a copy of the information, shall be served
on such defendant. Another day may be set and other summons issued as often as may be necessary,
and continuances may be granted in the discretion of the court. (Code 1876, §4055; Code 1886,
§4827; Code 1896, §4873; Code 1907, §7108; Code 1923, §4506; Code 1940, T. 41, §187.)...
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