|
37-1-124
Section 37-1-124 Proceedings on appeal. The commission's order shall be taken as prima facie
just and reasonable. No new or additional evidence may be introduced in the circuit court,
except as to fraud or misconduct of some person engaged in the administration of this title
and affecting the order, ruling or award appealed from, but the court shall otherwise hear
the case upon the certified record and shall set aside the order if the court finds that:
(1) The commission erred to the prejudice of appellant's substantial rights in its application
of the law; or (2) The order, decision or award was procured by fraud or was based upon a
finding of facts contrary to the substantial weight of the evidence. However, the court may,
instead of setting aside the order, remand the case to the commission for further proceedings
in conformity with the direction of the court. The court may, in advance of judgment and upon
a sufficient showing, remand the case to the commission for the purpose of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-1-124.htm - 1K - Match Info - Similar pages
43-2-332
Section 43-2-332 When distributed share kept and worked with undivided portion of estate. When
a share or shares of real or personal property of any decedent is or are set apart or distributed
to any widow, heir at law or distributee of such decedent, and it appears to the satisfaction
of the court that it is to the interest of the parties interested in the estate that such
share or shares should be kept and worked together with such estate remaining undivided, the
probate court, upon the application of the executor or administrator, and of the owner or
owners of such share or shares, may order the executor or administrator to keep such share
or shares, and work the same, together with the estate remaining undivided, for a term not
exceeding 10 years; but such order must not be granted, if in conflict with the will of the
testator. (Code 1867, §2264; Code 1876, §2604; Code 1886, §2212; Code 1896, §280; Code
1907, §2745; Code 1923, §5984; Code 1940, T. 61, §200.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-332.htm - 1K - Match Info - Similar pages
19-3D-9
Section 19-3D-9 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. COURT INVOLVEMENT.
(a) On application of an authorized fiduciary, a person entitled to notice under Section 19-3D-7
(c), a beneficiary, or with respect to a charitable interest that is not entirely held by
or for the benefit of one or more identified and existing charitable organizations, the Attorney
General or other person that has standing to enforce the charitable interest, the court may:
(1) provide instructions to the authorized fiduciary regarding whether a proposed exercise
of the decanting power is permitted under this chapter and consistent with the fiduciary duties
of the authorized fiduciary; (2) appoint a special fiduciary and authorize the special fiduciary
to determine whether the decanting power should be exercised under this chapter and to exercise
the decanting power; (3) approve an exercise of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3D-9.htm - 2K - Match Info - Similar pages
26-2-48
Section 26-2-48 Appointment of guardian for nonresident incapacitated person having property
within state - Procedure. The application for the appointment of a conservator for such person
must be in writing, must be verified by affidavit and must state the name, sex, age, and residence
of such person, the court by which he or she was declared incapacitated and the property requiring
the care of a conservator. On the filing of such application, the court must appoint a day
for the hearing thereof, notice of which must be given for three successive weeks by publication
in some newspaper published in the county or, if there is no such paper published in the county,
by publication in a paper published in an adjoining county, and a copy of such paper must
be mailed by the probate judge to such person at the post office nearest his or her residence.
The court must appoint a guardian ad litem to represent and defend for such person and it
shall be the duty of such guardian ad litem to put in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2-48.htm - 1K - Match Info - Similar pages
6-6-623
Section 6-6-623 Appointment - Partnerships; power of court to make orders relative to partnership
business, etc.; modification or vacation of appointment or orders. (a) When any partnership
shall be dissolved and the partners cannot agree upon the disposition of the partnership effects
and the settlement of the affairs of such partnership, either of them may apply to the circuit
court for the county in which either of said partners resides or in which the property of
such partnership is situated for the appointment of a receiver to hold the business and all
of the estate, both real and personal, belonging to such partnership and dispose of, manage
and apply the same as the said court may direct. Upon receiving such application, said court
shall forthwith appoint a day for the hearing upon the same and shall make such order relative
to notice of such application and of the hearing to the other partners as may be deemed proper.
The hearing shall be at least six days from the service of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-623.htm - 2K - Match Info - Similar pages
12-21-3
Section 12-21-3 Compelling books, etc., to be produced; parol in lieu thereof. The court may,
upon affidavit of their necessity and materiality, upon motion, compel, by order, either party
to produce, at or before the trial, any book, paper or document in his possession or power.
The order may be made upon the application of either party, upon reasonable notice to the
adverse party or his attorney. If not produced, parol evidence may be given of its contents.
(Code 1923, §7712; Code 1940, T. 7, §426.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-3.htm - 817 bytes - Match Info - Similar pages
17-11-5
Section 17-11-5 Delivery of absentee ballots; maintenance of voter lists. (a) Upon receipt
of an application for an absentee ballot as provided in Section 17-11-3, if the applicant's
name appears on the list of qualified voters produced from the state voter registration list
in the election to be held, or if the applicant qualifies for a provisional absentee ballot,
the absentee election manager shall furnish the absentee ballot to the applicant by: (1) Forwarding
it by United States mail to the applicant's or voter's residence address or, upon written
request of the voter, to the address where the voter regularly receives mail; or (2) by handing
the absentee ballot to the applicant in person or, in the case of emergency voting when the
applicant requires medical treatment, his or her designee in person. If the absentee election
manager has reasonable cause to believe that the applicant has given a fraudulent address
on the application for the absentee ballot, the absentee election...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/17-11-5.htm - 7K - Match Info - Similar pages
34-27-66
Section 34-27-66 Examination and license requirements; issuance and renewal of license; inactive
status; change of address. (a) Any person desiring to act as a seller of vacation time-sharing
plans shall file with the commission a written application upon such form as the commission
shall designate and shall pass to the satisfaction of the commission the examination hereinafter
prescribed. (b) Prerequisites for taking the vacation time-sharing sales examination are as
follows: (1) Evidence satisfactory to the commission that the applicant bears a good reputation
for honesty and truthfulness. (2) The applicant should not have been convicted of any criminal
offense involving moral turpitude or of any felony in this or any other state. (3) The applicant
shall be at least 19 years of age. (4) The applicant shall be a citizen of the United States
or, if not a citizen of the United States, a person who is legally present in the United States
with appropriate documentation from the federal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-66.htm - 8K - Match Info - Similar pages
35-6-115
Section 35-6-115 Decree of partition or sale; effect on existing liens. (a) If, on the hearing,
the court is satisfied from the evidence that the parties are joint owners or tenants in common
in the crops, a decree must be entered, declaring the interest or share each has therein,
and ordering the crops divided in specie, or sold for division, as may appear from the evidence
more practicable and better for the interests of the parties; and if any liens exist on the
crops, or on any interest or share therein, in favor of any of the parties, such liens, and
the extent and amount thereof, must be declared; and if a division in specie is ordered, such
liens shall be charges only on the shares of the parties against whom they exist, but if a
sale is ordered, the proceeds of the shares or interest upon which they exist, after payment
of their part of the costs, shall be applied to the satisfaction of such liens. (b) When any
lien exists on the crops, or on any share or interest therein, in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-115.htm - 1K - Match Info - Similar pages
36-11-10
Section 36-11-10 Proceedings in Supreme Court - Summoning and examination of witnesses generally;
appointment and duties of examiners; conduct of trial. In all original proceedings commenced
under this chapter in the Supreme Court, either party shall have compulsory process to compel
the attendance of witnesses, to be issued by the clerk of the court and served by the marshal
of the court or by any sheriff of the state. Such witnesses shall be sworn and examined on
the trial in open court. The examination of such witnesses shall be conducted and defaulting
witnesses shall be subject to similar proceedings and penalties as in criminal cases in the
circuit court; but, on the written consent of the defendant, the court or a justice thereof,
in term time or vacation, may appoint one or more examiners, whose duty it shall be, jointly
or severally, as may be directed in the order of appointment, to take and certify by such
day as may be fixed in the order of appointment the evidence against...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-11-10.htm - 1K - Match Info - Similar pages
|