12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate judge:
(1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas,
executions and all other process which is necessary for the exercise of his powers, the jurisdiction
of the court and the enforcement of its judgments, orders and decrees. (2) To keep minutes
of all his official acts and proceedings and, within three months thereafter, to record the
same in well-bound books. (3) To keep all the books, papers and records belonging to his office
with care and security, the papers arranged, filed and labeled so as to be of easy reference
and the books and records lettered and kept with general, direct and reverse indexes, but,
without the authority of the county commission, he shall not make new indexes. (4) To keep
constantly in his office a well-arranged docket, showing the date of the issue and return
of all process, the day set for the hearing, the kind of...
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40-12-240
Section 40-12-240 Definitions. (a) For the purpose of this article, the following terms shall
have the respective meanings ascribed by this section: (1) DEPARTMENT. The Alabama Department
of Revenue. (2) ESTABLISHED PLACE OF BUSINESS. A place actually occupied either continuously
or at regular periods at or from which a business or a part thereof is transacted. (3) FARM
TRACTOR. Every motor vehicle designed and used primarily as a farm implement for drawing plows,
mowing machines, and other implements designed and used for agricultural purposes and only
incidentally moved upon public highways. (4) FARMER. An individual, partnership, cooperative
corporation, or other entity actively engaged in agriculture or agricultural activities as
the same are circumscribed and defined in paragraphs a. and b. of Section 41-14-51(1). (5)
FLEET. A group of similarly classified fleet vehicles comprised of 50 or more units or other
amount as prescribed by the department. (6) FLEET OPERATOR. A person,...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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43-2-553
Section 43-2-553 Decree for balance - Decree in favor of outgoing executor or administrator;
insolvent estates. If, on such settlement, a balance is ascertained to be due from the estate
of such decedent to the deceased or outgoing executor or administrator, the probate court
may, if six months have elapsed from the grant of original letters, render a decree in favor
of the outgoing executor or administrator or, if dead, of his personal representative, against
the remaining or succeeding executor or administrator for such balance; and if the estate
is solvent, payment thereof may be enforced by execution against him, to be levied on any
effects of such estate in his hands unadministered; but if the estate is insolvent, such decree
is to be paid as other claims against insolvent estates; and if such balance or any part thereof
is for expenses of administration necessarily incurred, such balance, or such part thereof
as may be for such expenses, shall be a preferred claim against such...
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43-2-620
Section 43-2-620 Orders of distribution - Generally. On the final settlement of an estate,
the court may make such orders of distribution as may be necessary, and, on the confirmation
of the same, may render a decree thereon, and the property must be delivered according to
such decree; or, if there is money only to be divided, it may render a decree in favor of
each distributee entitled to the same, for his distributive share, against the executor or
administrator. (Code 1852, §1822; Code 1867, §2158; Code 1876, §2530; Code 1886, §2161;
Code 1896, §229; Code 1907, §2710; Code 1923, §5948; Code 1940, T. 61, §350.)...
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6-9-20
Section 6-9-20 Who may issue. The judge of any court may frame, or cause to be issued by the
clerk or register, any writ of execution or process necessary to carry into effect any lawful
judgment entered in his court. (Code 1907, §4078; Code 1923, §7794; Code 1940, T. 7, §507.)...

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6-9-21
Section 6-9-21 When execution to issue - Generally. Within 90 days from the entry of a judgment,
the clerk or register must issue execution thereon in favor of the successful party unless
otherwise directed by the court or the judge presiding at the trial of the case or by the
written direction of owner of the judgment or his attorney of record. The writ must be signed
by the clerk or register, and tested on the day it is issued. (Code 1852, §2423; Code 1867,
§2838; Code 1876, §3180; Code 1886, §2883; Code 1896, §1881; Code 1907, §4079; Acts 1915,
No. 206, p. 270; Code 1923, §7795; Acts 1936, Ex. Sess., No. 157, p. 181; Code 1940, T. 7,
§508.)...
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43-2-628
Section 43-2-628 Discharge of executor or administrator from liability. When the estate has
been fully administered and it is shown by the executor or administrator, by the production
of satisfactory vouchers, that he has paid all sums of money due from him and delivered up,
under the order of the court, all the property of the estate to the parties entitled and performed
all the acts lawfully required of him, the court must make a judgment or decree discharging
him from all liability as such executor or administrator. (Code 1923, §5962; Code 1940, T.
61, §362.)...
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6-9-63
Section 6-9-63 Execution where defendant dead. After six months from the date of the grant
of letters testamentary or of administration on the estate of any defendant, in a judgment
for money, execution thereof may be had by leave of the court entering the judgment, or of
the judge thereof, upon cause shown, against any property on which said judgment was a lien
at the time of the death of the defendant, and a sale of such property may be made in the
same manner and with the same effect as if the defendant were living. In case of the death
of the defendant in a judgment for the recovery of real or personal property, execution may
be had without revival in the same manner as if the defendant had not died. (Code 1907, §4096;
Code 1923, §7811; Code 1940, T. 7, §524.)...
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43-2-707
Section 43-2-707 Declaration of insolvency. If no person contests the correctness of the report
or if the issue is decided against contestant, the court must declare the estate insolvent
and must make an order for the executor or administrator on a day therein named, not less
than 30 nor more than 60 days therefrom, to appear and make a settlement of his administration;
and of such order, and of the day appointed for such settlement, notice must be given by the
judge of probate as is required by section 43-2-704. (Code 1852, §§1838, 1839; Code 1867,
§§2187, 2188; Code 1876, §§2559, 2560; Code 1886, §2230; Code 1896, §298; Code 1907,
§2763; Code 1923, §6002; Code 1940, T. 61, §389.)...
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