Code of Alabama

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17-16-56
is contested, requiring the party, within five days after the service of the summons, to appear
and make answer to the statement, which summons must be served by the sheriff or by a constable,
if the contest is with respect to the office of sheriff. The contest is triable by the court
without the intervention of a jury and must be heard and tried in precedence of all other
cases, civil or criminal, standing for trial in the court. Either party is entitled to the
writ of subpoena to compel the personal attendance of witnesses on the trial of the
contest, and against defaulting witnesses such proceedings may be had as against other defaulting
witnesses in civil cases pending in the court. Testimony may also be taken by depositions
in the case, and in like manner as depositions are taken in other civil cases. (Code 1896,
§1696; Code 1907, §470; Acts 1911, No. 202, p. 195; Code 1923, §559; Code 1940, T. 17,
§245; §17-15-29; amended and renumbered by Act 2006-570, p. 1331, §83.)...
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40-2A-7
years from the date the return is filed with the department, whichever is later. This subparagraph
shall not apply to any corporation unless dissolution is completed within 18 months of the
date of the written notice. e. If a taxpayer has made the election provided in subsection
(d) or (e) of Section 40-18-8, a preliminary assessment based on the gain realized as a result
of the involuntary conversion [in the case of subsection (d) of Section 40-18-8] or a rollover
of gain on the sale of a personal residence [as provided in subsection (e) of Section
40-18-8] may be entered within three years from the date the taxpayer notified the department
of the replacement of the property in accordance with subsection (d) or (e) of Section 40-18-8,
as the case may be, or of his or her intention not to replace the property. f. If a taxpayer
has validly elected to have the provisions of subdivision (a) (7) of Section 40-18-6 and subsection
(l) of Section 40-18-8 apply to an acquisition of stock...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal,
of any employer subject to this chapter. The lien shall arise at the time the contribution
report, or the payment of the contributions, as the case may be, was due to have been filed
with or made to the Department of Labor. The secretary may file in the office of the judge
of probate of any county in this state a certificate which shall show the name of the department
for which it is filed, the amount and nature of the contributions, interest, and penalties
for which a lien is claimed together with any costs that may have accrued, the name of the
employer against whose property a lien for such contributions, interest, and penalties is
claimed and the date thereof. An error in the certificate of the amount shall not...
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43-2-190
Section 43-2-190 Applications for letters testamentary or of administration. The application
filed by a nonresident for letters testamentary or of administration must set forth his name
and post-office address; but the address so given may, at any time, be changed by such nonresident
executor or administrator, such change to be shown by a written statement setting forth his
present post-office address, signed by such executor or administrator, or his attorney and
filed and recorded in the court granting the letters. (Code 1896, §83; Code 1907, §2559;
Code 1923, §5782; Code 1940, T. 61, §144.)...
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15-21-16
Section 15-21-16 Service of writ. A writ of habeas corpus must be served by the sheriff, deputy
sheriff or some constable of the county in which it is issued or in which the person on whose
behalf it issued out is imprisoned or detained, by delivering a copy to the person to whom
it is directed and showing the original, if demanded. If such person cannot be found, conceals
himself or refuses admittance to the officer, the writ may be served by leaving a copy at
the place where the party is confined with any person of full age who, for the time being,
has charge of the party or by posting it in a conspicuous place on the outside of the house
or building in which the party is confined. (Code 1852, §722; Code 1867, §4273; Code 1876,
§4949; Code 1886, §4773; Code 1896, §4826; Code 1907, §7021; Code 1923, §4320; Code 1940,
T. 15, §16.)...
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6-6-484
Section 6-6-484 Drawing of warrant or check for money due as salary. After such writ has been
served as provided in this division, the said agent of the state shall draw no warrant or
check for the money due such defendant as salary and included in the answer filed in said
garnishment case until said garnishment proceedings have terminated, unless said writ is dissolved
in the manner provided by the statutes. After final judgment condemning said money as provided
in this division, said agent of the state may draw a warrant or check for the money so condemned
and deliver same to the clerk of the court or to the court where such judgment was obtained.
(Acts 1923, No. 427, p. 575; Code 1923, §8093; Code 1940, T. 7, §1037.)...
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43-2-198
Section 43-2-198 Service of process - Generally. Service of summons or other process may be
made upon nonresident executors and administrators personally if found within the state. Such
service may be made in any case by personal service upon them if found within the state,
or by filing in the probate court granting letters a copy of the summons or other process
and by sending a copy thereof through the mail to such executor or administrator and serving
a copy thereof upon a resident surety, if there be one, as provided in section 43-2-199. (Code
1896, §86; Code 1907, §2562; Code 1923, §5785; Code 1940, T. 61, §147.)...
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43-2-557
Section 43-2-557 Proceedings on final settlement of account. On the day appointed for auditing
such account, any person may attend on the part of such executor or administrator or, if dead,
of his personal representative or, in case of his removal from the state, his sureties
and show that he is entitled to additional credits; and any person interested may attend and
contest any item of such account or in any previous account, or may show assets not accounted
for, or that such executor or administrator has failed to collect any assets from want of
due diligence, or that, by any abuse of or failure to discharge his trust, such assets, or
any portion thereof, have been injured, destroyed or depreciated; and, in case of such proof,
the executor or administrator or, if dead, his personal representative or, in case
of his removal from the state, his sureties must be charged therewith. On such settlements,
decrees must be rendered as upon like settlements voluntarily made. (Code 1852,...
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43-2-558
Section 43-2-558 Setting aside decree. If, however, such executor or administrator or, if dead,
his personal representative or, in event of his removal from the state, his sureties
appear and file his accounts and vouchers for settlement and pay such costs as have accrued
upon the proceedings had under sections 43-2-555 through 43-2-557, the court may set aside
such decree and proceed as if none had been rendered. (Code 1886, §2181; Code 1896, §249;
Code 1907, §2700; Acts 1923, No. 492, p. 655; Code 1923, §5933; Code 1940, T. 61, §328.)...

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19-3-33
Section 19-3-33 Objections to claims - Time for hearing; notice. Within 30 days after the expiration
of the time allowed for filing objections to claims, the register or clerk must appoint a
time, not less than 20 nor more than 60 days thereafter, for the hearing of such objections
as have been filed; and of the nature of the objections and the time appointed for such hearing,
he must give notice to each person whose claim is contested, by citation to be served upon
him, his agent or attorney, or, if he be a nonresident and have no resident agent or attorney,
such citation must be sent by mail, postage prepaid, to such claimant at his post office address.
(Code 1896, §4165; Code 1907, §6067; Code 1923, §10404; Code 1940, T. 58, §21.)...
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