|
12-13-7
Section 12-13-7 Garnishments - Issuance, enforcement, etc., generally. The probate court may
issue process of garnishment upon decrees for money, in favor of plaintiffs in such decrees,
returnable within 30 days, upon compliance with the laws respecting garnishments in the circuit
courts on judgments and may render judgments or decrees on the answers of such garnishees,
enforce the collection thereof by execution, as may be necessary, and try all collateral issues
that may grow out of the answers of such garnishees, both as to a contest of an answer or
a claim of an alleged transferee. (Code 1867, §802; Code 1876, §708; Code 1886, §797; Code
1896, §3376; Code 1907, §5434; Code 1923, §9596; Code1940, T. 13, §305.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-13-7.htm - 1K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-13-9.htm - 1K - Match Info - Similar pages
12-19-10
Section 12-19-10 Local purchasing procedures. In order to facilitate the prompt purchase and
delivery of equipment, clerical office supplies, court forms, stationery and other printed
court supplies, hereinafter referred to as "clerical office supplies," used by and
in the offices of circuit judges, district judges, circuit clerks, district clerks, registers,
court administrators, official court reporters, magistrates and jury commissions, the presiding
circuit judge of each judicial circuit is hereby authorized to administer local purchasing
procedures within such judicial circuit and each county thereof as provided in this section.
(1) Not more than 90 days prior to the beginning of each fiscal year, each circuit judge,
district judge, circuit clerk, district clerk, register, court administrator, official court
reporter, magistrate and each jury commission shall submit to the Administrative Director
of Courts a written estimate of the costs of clerical office supplies anticipated to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-19-10.htm - 3K - Match Info - Similar pages
40-1-23
Section 40-1-23 Liability of officers for conversion. Any probate judge, clerk of a court of
record, register, sheriff, coroner, tax collector, county treasurer, trustee of public schools,
notary public, constable, or other public officer who knowingly converts to his own use or
permits another to use any of the revenue of the state or of any county or municipality thereof
or any money paid into his office or received by him in his official capacity is liable to
indictment and, on conviction, must be punished as if he had stolen it. (Acts 1935, No. 194,
p. 256; Code 1940, T. 51, §902.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-1-23.htm - 899 bytes - Match Info - Similar pages
43-2-173
Section 43-2-173 Resignation and removal - Generally. (a) The general administrator may be
removed for the same causes as other administrators. Such removal may be made by the judge
of probate without notice, but the grounds thereof must be entered on the minutes of the court.
(b) The resignation of the office of general administrator shall not operate to discharge
the incumbent from the administration of any estate previously committed to his charge as
such general administrator; but he may proceed, notwithstanding such resignation, to administer
and finally settle the same, as if he had not resigned such office; and the sureties on his
bond as general administrator shall be liable for every act of maladministration on such estate
committed after his resignation, to the same extent as if he had not resigned; but he may
be removed from the administration of such estate for any of the causes prescribed by law,
or he may resign his administration thereon by leave of the probate court of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-173.htm - 1K - Match Info - Similar pages
43-2-647
Section 43-2-647 Refunding bonds - Bond stands as security; action on bond. (a) Such refunding
bond stands as security for the executor or administrator, should the assets in his hands,
after any payment of money or delivery of property under the order of the court, prove insufficient
to pay the debts, claims and charges against the estate, and the executor or administrator
pays the same; and also as security for the creditors of the estate; and any creditor may
bring a civil action thereon. (b) The extent of the recoveries on such bond is the amount
or value of the property received by the legatee or distributee and interest on such amount
or value from the date of its receipt; and the value of property received may be proved by
the entry of record, made according to the provisions of this division or other evidence;
and civil actions may be brought on such bond from time to time in the name of any person
aggrieved until the whole amount of the liability, as determined by this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-647.htm - 1K - Match Info - Similar pages
43-2-747
Section 43-2-747 Objections. At any time within six months after the declaration of insolvency,
the administrator or any creditor, heir, legatee, devisee or distributee may object to the
allowance of any claim filed against the estate by filing objections thereto in writing; and,
thereupon, the court must cause an issue to be made up between the claimant and objector,
in which issue the correctness of such claim must be tried as in a civil action, if required;
and, if it is found for the claimant to the whole amount thereof, the same must be allowed
and such claimant recover the costs of the trial of such issue; but, if against the claimant,
the claim must be rejected, and the party contesting recovers the cost of the trial of such
issue. (Code 1852, §1854; Code 1867, §2203; Code 1876, §2575; Code 1886, §2245; Code 1896,
§313; Code 1907, §2781; Code 1923, §6020; Acts 1931, No. 732, p. 843; Code 1940, T. 61,
§407.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-747.htm - 1K - Match Info - Similar pages
6-6-334
Section 6-6-334 Failure of witnesses to attend or refusal to testify. (a) Any witness, duly
subpoenaed and failing to attend or refusing to testify may be fined by the district court
judge not exceeding $100, for the use of the county, for which he may issue execution directed
to the constable. (b) The judgment specified in subsection (a) of this section must not be
made absolute until 10 days after service of a written notice on such witness, informing him
of the entry of such judgment. (Code 1852, §§2869, 2870; Code 1867, §§3318, 3319; Code
1876, §§3715, 3716; Code 1886, §§3394, 3395; Code 1896, §§2141, 2142; Code 1907, §§4277,
4278; Code 1923, §§8018, 8019; Code 1940, T. 7, §§981, 982.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-334.htm - 1K - Match Info - Similar pages
11-51-12
Section 11-51-12 Filing of list in circuit court; entry of civil actions for assessments on
trial docket; issuance, execution, and return of summons notifying owners of institution of
proceedings against property generally. Such lists shall be filed with the register or clerk
of the circuit court. The register or clerk shall cause to be entered on the trial docket
in such court in a well-bound book kept for that purpose a civil action for each assessment
of property of the city or town against such property so assessed. Said docket shall show
the amount of the taxes sought to be collected, a description of the property and the name
of the owner, if known. Upon the filing of the certificate, the register or clerk is directed
to issue a summons, as in other civil actions, containing a description of the property and
notifying each owner of the filing of the proceedings against his property. Only one summons,
however, shall be necessary if two or more pieces of property are assessed to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-12.htm - 1K - Match Info - Similar pages
12-17-114
Section 12-17-114 Duties generally. (a) It is the duty of the register, within his respective
county: (1) To administer oaths in all cases; to issue all processes from the circuit court
as to equitable cases; to make orders of publication for defendants; to grant default judgments
for want of answers; to issue attachments and processes of sequestration; to make all interlocutory
decrees and orders, not affecting the decision of the controversy between the parties, subject
at all times to the control, direction and supervision of the circuit court; and to exercise
such other duties as are, or may be, conferred by law, including administrative rules promulgated
by order of the Supreme Court of Alabama. (2) To keep a consolidated docket sheet of all cases
filed, in which must be entered the names of plaintiffs and defendants, the names of the attorneys
of the several parties, a minute of the time when process issued and was returned, the return
thereon and note of all the orders and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-114.htm - 2K - Match Info - Similar pages
|