|
8-3-41
Section 8-3-41 Issuance of execution on judgment paid by surety; collection of money from principal
debtor or cosureties. (a) If a judgment is entered by any court against a principal debtor
and his surety, or against his sureties, and one or more of his sureties shall pay and satisfy
the judgment, the same shall be thereby transferred and assigned by operation of law to the
surety or sureties paying and satisfying it, who shall have all the liens and equities of
such judgment and of the debt or claim on which the same is founded which the creditor therein
had. (b) The surety, on making affidavit of his suretyship and of his having paid the judgment
and filing the affidavit and any evidence of such payment that he may hold with the officer
authorized to issue execution on the judgment to whom he may apply for execution, shall be
entitled to have execution issued on the judgment in the name of the plaintiff or complainant
for his use or in his own name against the other defendants...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-3-41.htm - 1K - Match Info - Similar pages
25-4-92
Section 25-4-92 Appeals tribunals - Appointment; procedure; when decisions final. (a) To hear
and decide disputed claims and other due process cases involving a division of the Department
of Labor, the secretary shall appoint one or more impartial appeals tribunals, consisting
in each instance of an officer or an employee of the Department of Labor. The appeals tribunals
shall be a separate division reporting to the secretary and shall be separate and apart from
the direction and control of other divisions of the Department of Labor. No person shall participate
in the hearing or disposition of any claim upon appeal thereof as an appeals tribunal, if
he has an interest therein. At any such hearing all testimony shall be taken down, but need
not be transcribed unless an appeal is applied for or taken. (b) The manner in which disputed
claims before appeals tribunals shall be presented and the conduct of hearings and appeals
before appeals tribunals shall be in accordance with regulations...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-92.htm - 1K - Match Info - Similar pages
28-4-228
Section 28-4-228 Disposition of liquor and beverages, etc., seized upon final judgment generally
- Restoration to owner. If it shall be finally decided that any liquors or beverages so seized
are not liable to forfeiture, the court shall order the officer having the same in custody
to restore said liquors, with the vessels containing the same, to the place where they were
seized, as nearly as practicable, and to the person entitled to receive them, which order
the officer shall obey and make return to the court of his acts thereunder. (Acts 1909, No.
191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4861; Code 1940, T. 29, §151.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-228.htm - 947 bytes - Match Info - Similar pages
28-4-286
Section 28-4-286 Institution of proceedings for condemnation of vehicles, etc.; seized property
not to be retaken by replevin or detinue during pendency of action; intervention by parties
claiming superior right to seized property; powers of court to regulate proceedings to permit
parties claiming vehicles, etc., to assert rights. It shall be the duty of such officer in
the county or the Attorney General of the state to institute at once or cause to be instituted
condemnation proceedings in the circuit court by filing a complaint in the name of the state
against the property seized, describing the same, or against the person or persons in possession
of said vehicles of transportation, if known, to obtain a judgment enforcing the forfeiture.
No replevin or detinue writ may be employed to retake possession of such seized property pending
the forfeiture action, but any party claiming a superior right may intervene by motion in
said action and have his claim adjudicated. The judge...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-286.htm - 1K - Match Info - Similar pages
8-9A-8
Section 8-9A-8 Defenses, liability, and protection of transferee. (a) A transfer is not voidable
under Section 8-9A-4(a) against a person who took in good faith and for a reasonably equivalent
value or against any subsequent transferee or obligee who took in good faith. (b) Except as
otherwise provided in this section, to the extent a transfer is voidable in an action by a
creditor under Section 8-9A-7(a)(1), the creditor may recover judgment for the value of the
asset transferred, as adjusted under subsection (c), or the amount necessary to satisfy the
creditor's claim, whichever is less, or judgment for conveyance of the asset transferred.
The judgment may be entered against: (1) The first transferee of the asset or the person for
whose benefit the transfer was made; or (2) Any subsequent transferee other than a good faith
transferee who took for value or from any subsequent transferee. (c) If the judgment under
subsection (b) is based upon the value of the asset transferred, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9A-8.htm - 2K - Match Info - Similar pages
8-9B-9
Section 8-9B-9 Defenses, liability, and protection of transferee. (a) A transfer is not voidable
under Section 8-9B-5(a)(1) against a person that took in good faith and for a reasonably equivalent
value given the debtor or against any subsequent transferee that took in good faith. (b) To
the extent a transfer is avoidable in an action by a creditor under Section 8-9B-8(a)(1),
the following rules apply: (1) Except as otherwise provided in this section, the creditor
may recover judgment for the value of the asset transferred, as adjusted under subsection
(c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment
may be entered against: (i) the first transferee of the asset or the person for whose benefit
the transfer was made; or (ii) any subsequent transferee, other than: (A) a good-faith transferee
that took for value; or (B) a subsequent transferee of a person described in clause (A). (2)
Recovery pursuant to Section 8-9B-8(a)(1) or (b) of or from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9B-9.htm - 4K - Match Info - Similar pages
9-17-33
Section 9-17-33 Disposition of proceeds from sale of oil or gas production. (a) As used in
this section, the following terms shall have the following meanings: (1) CHECK STUB. The financial
record attached to a check, included with a check, or mailed separately at or near the time
the check is mailed. (2) DIVISION ORDER. A contract between the interest owner and the purchaser,
operator, or the owner of the right to drill and to produce, directing the distribution of
the value from the sale of the oil, gas, and other liquid hydrocarbons in the proportions
set out in the division order, which division order is prepared by the purchaser, operator,
and/or the owner of the right to drill and to produce on the basis of the ownership shown
in a title opinion prepared after examination of abstracts or based on other generally acceptable
legal ownership documentation and which is executed by the interest owners or others having
an interest in the production. (3) INTEREST OWNER. A person owning...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-17-33.htm - 7K - Match Info - Similar pages
43-8-253
Section 43-8-253 Effect of homicide on intestate succession, wills, joint assets, life insurance
and beneficiary designations; effect of bona fide purchase by third party or good faith payment
by obligor, etc. (a) A surviving spouse, heir or devisee who feloniously and intentionally
kills the decedent is not entitled to any benefits under the will or under articles 3 through
10 of this chapter, and the estate of decedent passes as if the killer had predeceased the
decedent. Property appointed by the will of the decedent to or for the benefit of the killer
passes as if the killer had predeceased the decedent. (b) Any joint tenant who feloniously
and intentionally kills another joint tenant thereby effects a severance of the interest of
the decedent so that the share of the decedent passes as his property and the killer has no
rights by survivorship. This provision applies to joint tenancies with the right of survivorship
and tenancies in common during the respective lives of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-253.htm - 3K - Match Info - Similar pages
17-3-55
Section 17-3-55 Refusal of registration - Appeal. Any person to whom registration is denied
shall have the right of appeal, without giving security for costs, within 30 days after such
denial, by filing a petition in the probate court in the county in which he or she seeks to
register, alleging that he or she is a citizen of the United States over the age of 18 years
having the qualifications as to residence prescribed by law and entitled to register to vote
under the provisions of the Constitution of Alabama of 1901, as amended. Upon the filing of
the petition, the clerk of the probate court shall give notice thereof to the district attorney
authorized to represent the state in the county, who shall appear and defend against the petition
on behalf of the state. The registrars shall not be made parties and shall not be liable for
costs. An appeal will lie to the circuit court in favor of the petitioner if taken within
30 days from the date of the judgment pursuant to Section 12-22-20....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/17-3-55.htm - 1K - Match Info - Similar pages
25-4-94
Section 25-4-94 Powers and duties of board of appeals for Department of Labor. (a) The board
of appeals for the Department of Labor, created by Section 25-2-12, may, on its own motion
at any time before a decision of an appeals tribunal becomes final, affirm, modify, or set
aside any such decision on the basis of the evidence previously submitted in such case, or
direct the taking of additional evidence, or may permit any party in interest to initate an
appeal to it. The board of appeals may remove to itself or transfer to another appeals tribunal
the proceedings on any claim pending before an appeals tribunal. The board of appeals shall
promptly notify in writing the parties to any proceedings of its findings and decision, together
with the reasons therefor. (b) Unless the application for appeal described in subsection (c)
of Section 25-4-92 is granted by the board of appeals within 10 days after its filing with
it, the applicant may, within the following 10 days, take an appeal from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-94.htm - 2K - Match Info - Similar pages
|