36-11-17
Section 36-11-17 Duties, liabilities and fees of sheriffs, etc., for service of process, etc.;
compensation of examiners; payment of fees, costs, etc. The sheriff, coroner or constable
to whom process is issued under the provisions of this chapter shall perform all the duties
as sheriffs are required to perform them, shall be liable to all the penalties to which sheriffs
in similar cases are liable and shall be entitled to the same fees as sheriffs are entitled
to for similar services. The examiners shall be entitled to such compensation as the Supreme
Court may determine as fair equivalent for the services performed. All such fees and compensation
shall be taxed in the bill of costs, but no costs shall be adjudged against the state nor
against the successful plaintiffs on a return of "no property found" against the
defendant, but may be paid out of the Treasury in all cases when the Governor thinks it right
to pay the same. (Code 1876, §4059; Code 1886, §4832; Code 1896, §4878;...
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43-2-151
Section 43-2-151 Enforcement of judgments, etc., of probate court against representatives -
Liability of sureties. When an execution against an executor or administrator, issued from
the probate court on any judgment, order or decree for money is returned to any regular term
of such court "no property" by the sheriff of the county, such judgment, order or
decree may be enforced against the executor or administrator and his sureties, by execution
or by process of garnishment, which may issue in like cases and manner as it may issue on
judgment in circuit courts and may, in like manner, be prosecuted to judgment against the
garnishee. (Code 1852, §1922; Code 1867, §2281; Code 1876, §2619; Code 1886, §2277; Code
1896, §346; Code 1907, §2813; Code 1923, §6052; Code 1940, T. 61, §129.)...
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43-2-552
Section 43-2-552 Decree for balance - Generally. If there remains any act of administration
to be done, other than making settlement and distribution or payment of legacies, and there
is a remaining or succeeding executor or administrator, a decree must be rendered in his favor
for the amount found due on such settlement, and for the delivery of any personal property
in the hands of the executor or administrator whose authority has ceased or, if dead, of his
personal representative; but if more than six months have elapsed from the original
grant of letters and there remains no other act of administration to be done than making distribution
or payment of legacies, and the estate is solvent, the court must at once proceed to decree
distribution or payment of legacies directly to those entitled; or, if in the case last mentioned,
there are money assets in the hands of the outgoing executor or administrator, or, if dead,
of his personal representative, in excess of a sum sufficient for...
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11-5-7
Section 11-5-7 When to execute summons, writs, etc. When the sheriff is interested in any cause
or proceeding, such interest not appearing on the face thereof, the judge of probate may on
a proper showing by affidavit direct the coroner to execute the summons, writ, or other process
in such cause or proceeding. (Code 1852, §806; Code 1867, §941; Code 1876, §857; Code 1886,
§928; Code 1896, §1079; Code 1907, §107; Code 1923, §162; Code 1940, T. 12, §60.)...

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43-2-292
Section 43-2-292 Additional bond may be required; removal for default. An executor or administrator
may also be required to give additional bond and, in default thereof, may be removed and his
letters revoked, in the following cases: (1) When it is shown to the court by his sureties,
or either of them, that he has become, or is likely to become, insolvent, and that they have
sustained, or probably will sustain, loss thereby. (2) When his letters have been granted
on insufficient security, or the security has become insufficient since the grant, or any
of his sureties have died or have removed from the state. (3) When the penalty of the bond
is not sufficient to secure the due performance of the trusts committed to him. (Code 1852,
§1697; Code 1867, §2018; Code 1876, §2387; Code 1886, §2046; Code 1896, §93; Code 1907,
§2567; Code 1923, §5790; Code 1940, T. 61, §180.)...
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43-2-416
Section 43-2-416 When bid rejected and sale postponed. When the highest amount bid for the
property, or any part thereof, is, in the opinion of the executor or administrator, greatly
less than its fair value, he may withdraw the property and postpone the sale. (Code 1896,
§148; Code 1907, §2612; Code 1923, §5839; Code 1940, T. 61, §234.)...
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6-6-141
Section 6-6-141 Filing of complaint in actions begun by attachment - Issuance and service of
summons; default judgment. (a) Whenever a complaint is filed in an action begun by attachment,
whether at the time of suing out the attachment or subsequently thereto, a summons shall issue
upon the complaint in all respects, and with the same effect as if the action had been begun
by complaint. The issuance and service of such a summons shall in no manner affect the levy
or lien of the attachment or the enforcement thereof. (b) If the defendant appears and pleads,
the case proceeds as in actions commenced by complaint. If he fails to appear or, appearing,
fails to plead within the time required by law, the plaintiff may take judgment by default,
and the court may determine the amount of damages pursuant to the Alabama Rules of Civil Procedure,
if necessary. (Code 1852, §2572; Code 1867, §3000; Code 1876, §3325; Code 1886, §2996;
Code 1896, §562; Code 1907, §§2962, 2963; Code 1923,...
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19-3-120
Section 19-3-120 Classes of authorized investments; repeal of conflicting statutes. (a) Unless
otherwise authorized or directed by the court having jurisdiction thereof, or by the will,
trust agreement or other document which is the source of authority, a trustee, executor, administrator,
guardian or one acting in any other fiduciary capacity, other than as a trustee governed by
the Alabama Uniform Trust Code, with the exercise of reasonable business prudence, in addition
to any other investments now permitted by law, may invest funds in securities or investments
which, at the time of the making or purchase thereof, are included in one or more of the following
classes: (1) Bonds or other interest-bearing obligations of the United States of America,
or payment of which the United States of America has guaranteed as to both principal and interest.
(2) Bonds issued by the Federal Land Bank, under the act of Congress of the United States
of America, designated as "the Federal Farm Loan...
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27-12-19
Section 27-12-19 Service of statements, notices, orders, and other processes. Statements of
charges, notices, orders, and other processes of the commissioner under this trade practices
law may be served by anyone duly authorized by the commissioner, either in the manner provided
by law for service of process in civil actions or by registering or certifying and mailing
a copy thereof to the person affected by such statement, notice, order, or other process at
his, or its, residence or principal office or place of business. The verified return by the
person so serving such statement, notice, order, or other process, setting forth the manner
of such service, shall be proof of the same, and the return postcard receipt for such statement,
notice, order, or other process, registered or certified and mailed as aforesaid, shall be
proof of the service of the same. (Acts 1957, No. 608, p. 865, §6; Acts 1971, No. 407, p.
707, §245.)...
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43-2-330
Section 43-2-330 Authorization by probate court to keep estate together; term. The probate
court may authorize the executor or administrator, on application made and good cause shown,
to keep the real and personal estate, or any portion thereof, together for such length
of time as the court may deem advisable, not exceeding 10 years, and employ laborers to cultivate,
improve, keep in repair and carry on the plantation belonging to the estate. (Code 1852, §1902;
Code 1867, §2263; Code 1876, §2602; Code 1886, §2210; Code 1896, §278; Code 1907, §2743;
Code 1923, §5982; Code 1940, T. 61, §198.)...
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