43-2-333
Section 43-2-333 Payment of profits to share owners. The executor or administrator must pay,
at the end of each year, to the owner or owners of such share or shares a proportionate share
of the profits arising from such estate, and is entitled to a credit for same; but if it shall
appear, on a settlement of his accounts, that he has not paid the same, a decree therefor
in favor of the owner or owners must be rendered by the probate court. (Code 1867, §2265;
Code 1876, §2605; Code 1886, §2213; Code 1896, §281; Code 1907, §2746; Code 1923, §5985;
Code 1940, T. 61, §201.)...
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43-2-41
Section 43-2-41 Form. Letters of administration may be substantially in the following form:
The State of Alabama, } ___ County.} Court of Probate. Letters of administration on the estate
of _____ (or letters of administration on the annexed will of _____, as the case may be) are
hereby granted to _____, who has duly qualified and given bond as such administrator, and
is authorized to administer such estate (or to execute such will, as the case may be). Witness
my hand and dated this _____day of _____, 19__. ___ Judge of Probate (Code 1852, §1688; Code
1867, §2008; Code 1876, §2370; Code 1886, §2015; Code 1896, §57; Code 1907, §2521; Code
1923, §5743; Code 1940, T. 61, §82.)...
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43-2-517
Section 43-2-517 Appointment and compensation of special guardian. The jurisdiction of the
probate court to make partial or final settlements or distributions of the estates of decedents
is not affected by the fact that the executor or administrator making the settlement is also
guardian of any heir or distributee, devisee or legatee of the decedent; but in such case
the court must appoint a special guardian, without bond, to represent such heir or distributee,
devisee or legatee on the settlement and distribution; and, upon final settlement, any decree
to which such ward may be entitled must be rendered against the executor or administrator
in the name of the special guardian for the use of the ward; and thereafter the executor or
administrator, in the capacity of guardian, shall be accountable for such decree. The special
guardian shall be entitled to reasonable compensation for his services and for the services
of counsel properly employed to be allowed by the court and to be paid...
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6-6-337
Section 6-6-337 Proceedings upon determination for either plaintiff or defendant. (a) If the
judge determines in favor of the plaintiff, he must record the decision and enter judgment
with costs, upon which he must issue a writ of execution commanding the sheriff or the constable
to restore the plaintiff to possession or place him in possession of his lands and tenements
according to complaint and to levy on and sell a sufficiency of the defendant's goods and
chattels, lands and tenements to satisfy the costs of the proceedings. Successive writs may
issue at any time when necessary to eject defendant or collect costs and damages, and a defendant
who refuses to obey the mandate of the writ as to the possession of the property or who enters
upon the premises without just cause or legal excuse after being ejected shall be guilty of
resisting an officer and contempt of court and shall be punished and fined accordingly, in
the discretion of the court issuing the process. (b) If the judge...
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6-9-143
Section 6-9-143 Liability of purchaser for not complying with terms of sale; form of action
against purchaser. (a) Any person who may become the purchaser of any real or personal
estate at any sale which may be made at public outcry by an executor, administrator or guardian
or by any sheriff or other officer under and by virtue of any execution or other legal process
and who shall fail or refuse to comply with the terms of such sale when requested so to do
shall be liable for the amount of such purchase money, and it shall be at the option of such
sheriff or other officer either to proceed against such purchaser for the full amount of the
purchase money or to resell such real or personal estate and then proceed against the
first purchaser for the deficiency arising from such sale. (b) The action provided for in
subsection (a) of this section may be commenced in the name of the sheriff or other officer
making the sale for the use of the plaintiff or defendant in execution or for any...
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11-51-156
Section 11-51-156 Bond to dissolve temporary injunctive relief - Forfeiture of bond and issuance
of execution thereon. In the event no supersedeas bond is given on appeal or if no appeal
is taken and the respondent fails to pay the judgment and costs within 30 days after the entry
of judgment in the circuit court, it shall be the duty of the register or clerk within 10
days of the expiration of said limit of 30 days to declare said bond forfeited and to issue
execution thereon against the principal and sureties. If for any reason the register or clerk
fails to declare the bond forfeited within the time prescribed in this section, he may do
so any time thereafter and issue execution as directed in this section. (Acts 1936-37, Ex.
Sess., No. 152, p. 169; Code 1940, T. 37, §766.)...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing
on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile
probation officer, may file a motion requesting the juvenile court judge to transfer a child
for criminal prosecution to the circuit or district court, if the child was 14 or more years
of age at the time of the conduct charged and is alleged to have committed an act which would
constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile
court judge shall conduct a hearing on all motions for the purpose of determining whether
it is in the best interests of the child or the public to grant the motion. Only if there
are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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12-19-50
Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs; issuance
of execution against sheriff, etc., failing to return, levy, or collect execution issued against
plaintiff or appellant for costs. (a) The Clerk of the Supreme Court, clerks of the courts
of appeals, clerks of the circuit courts and probate judges, upon return of an execution "no
property found" against the defendant by the proper officer of the county in which the
judgment was entered, or, if the execution is from the Supreme Court or courts of appeals,
of the county from which the case was brought, may issue execution against the plaintiff or
appellant, as the case may be, for the costs actually created by the plaintiff or appellant,
but for none other, to be collected and returned as other executions. (b) Judgment may be
entered on motion in the circuit court of such county, in the name of the clerk or probate
judge issuing the execution, against the sheriff or his sureties, or either of...
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12-22-25
Section 12-22-25 Security for costs of appeal. In all other cases in which an appeal is taken
under the provisions of this division, the appellant, or someone for him, must give security
for the costs of such appeal, to be approved by the probate judge or the clerk of the circuit
court, as the case may be, and the names of such sureties must be certified with the record
to the appellate court, but the filing of security for costs is not a jurisdictional prerequisite.
If the appellant fails to prosecute his appeal or the judgment is not reversed or is entered
against him for a less amount than the judgment of the court from which the appeal is taken,
execution may issue against him and such sureties for the costs of the appeal. (Code 1852,
§1898; Code 1867, §2257; Code 1876, §3967; Code 1886, §3647; Code 1896, §464; Code 1907,
§2862; Code 1923, §6121; Code 1940, T. 7, §782.)...
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15-4-9
Section 15-4-9 Issuance and execution of arrest warrant for accused; appearance of accused
before judge. (a) If a jury summoned under this chapter finds that the deceased came to his
death by the act of another by unlawful means, the coroner may issue a warrant of arrest for
such person, which may be executed in the same manner as provided in Chapter 7 of this title.
(b) When arrested, the person must be brought before the district court of the county in which
the inquest was held, and the district court judge must proceed to examine the charge and
commit, bail or discharge the defendant as upon a warrant of arrest under the provisions of
such chapter. (Code 1852, §819; Code 1867, §4370; Code 1876, §3998; Code 1886, §4809;
Code 1896, §4932; Code 1907, §7170; Code 1923, §4565; Code 1940, T. 15, §84.)...
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