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6-10-30
Section 6-10-30 Contest of exemption claim - Trial of issues. The contest of any claim of exemptions
shall be a preferred case, and after the return of the process, if both parties appear, an
issue or issues shall be formed under the direction of the court as to whether the property
in contest, or any and what part of it, is exempt as claimed. Such issue or issues shall be
tried as other cases are tried. In all cases, the party in whose favor the levy was made shall
be deemed the plaintiff, upon whom shall rest the burden of proof, and both parties shall
be entitled to the same right of objection, exception, and of appeal as in other cases. (Code
1876, §2838; Code 1886, §2526; Code 1896, §2052; Code 1907, §4179; Code 1923, §7901;
Code 1940, T. 7, §644.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-30.htm - 1K - Match Info - Similar pages
40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2B-2.htm - 39K - Match Info - Similar pages
6-6-463
Section 6-6-463 Disposition of claims of other persons suggested by garnishee. (a) When the
garnishee, by his answer as originally filed or by any supplemental answer thereafter, alleges,
at any time before final judgment against him, that he has been notified that another person
claims title to, or an interest in, the debt, demand, money, or effects which, by his answer,
he has admitted to be due or owing or to be in his possession, the clerk must issue notice
to the suggested claimant to appear within 30 days after service of the notice and propound
his claim and contest with the plaintiff the right to such debt, demand, money or effects.
(b) If he appears, he must be required to propound his claim in writing and make oath thereto,
upon which the plaintiff must take issue in law or in fact, and the issue in fact must be
tried by a jury, if required by either party. If the issue is found for the plaintiff, judgment
must be entered against the garnishee on his answer or, if for the...
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25-5-77
Section 25-5-77 Expenses of medical and surgical treatment, vocational rehabilitation, medicine,
etc.; medical examinations; review by ombudsman of medical services. (a) In addition to the
compensation provided in this article and Article 4 of this chapter, the employer, where applicable,
shall pay the actual cost of the repair, refitting, or replacement of artificial members damaged
as the result of an accident arising out of and in the course of employment, and the employer,
except as otherwise provided in this amendatory act, shall pay an amount not to exceed the
prevailing rate or maximum schedule of fees as established herein of reasonably necessary
medical and surgical treatment and attention, physical rehabilitation, medicine, medical and
surgical supplies, crutches, artificial members, and other apparatus as the result of an accident
arising out of and in the course of the employment, as may be obtained by the injured employee
or, in case of death, obtained during the period...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-77.htm - 13K - Match Info - Similar pages
25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section, services
performed for remuneration after December 31, 1977, including service in interstate commerce,
by: a. Any officer of a corporation; or b. Any individual who, under the usual common law
rules applicable in determining the employer-employee relationship, has the status of an employee;
or c. Any individual other than an individual who is an employee under paragraphs a. or b.
of this subdivision (1) who performs services for remuneration for any person: 1. As an agent-driver
or commission-driver engaged in distributing meat products, bakery products, beverages (other
than milk) or laundry or dry cleaning services for a principal; 2. As a traveling or city
salesman engaged upon a full-time basis in the solicitation on...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-10.htm - 38K - Match Info - Similar pages
22-18-50
Section 22-18-50 Enactment and text of Emergency Medical Services Personnel Licensure Interstate
Compact. The Emergency Medical Services Personnel Licensure Interstate Compact is hereby enacted
into law and entered into with all other jurisdictions legally joining therein in form substantially
as follows: SECTION 1. PURPOSE In order to protect the public through verification of competency
and ensure accountability for patient care related activities all states license emergency
medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs
and paramedics. This Compact is intended to facilitate the day to day movement of EMS personnel
across state boundaries in the performance of their EMS duties as assigned by an appropriate
authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel
licensed in a member state. This Compact recognizes that states have a vested interest in
protecting the public's health and safety...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-18-50.htm - 41K - Match Info - Similar pages
6-10-33
Section 6-10-33 Contest of exemption claim - Proceedings when claim of personalty found excessive.
When, on a contest of a claim of exemption to personal property, the issue is whether or not
the claim is excessive and such issue is found in favor of the plaintiff, it must also be
ascertained by the finding of the court or the verdict of the jury, as the case may be, how
much and what portion of the property is exempt, describing the same with its value, approximating
in value as nearly as practicable $3,000, and the residue of the property shall be sold, and
out of the proceeds of sale there shall be paid to the defendant an amount which, when added
to the value of the property found to be exempt, will make the exemption equal to $3,000,
and the balance shall be applied to the payment of the costs and satisfaction of the process.
(Code 1876, §2839; Code 1886, §2529; Code 1896, §2055; Code 1907, §4182; Code 1923, §7904;
Code 1940, T. 7, §647; Acts 1980, No. 80-569, p. 879, §4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-33.htm - 1K - Match Info - Similar pages
43-8-202
Section 43-8-202 Contest in circuit court after admission to probate - Trial of issues by jury;
consideration of witnesses' testimony. The circuit court may, in such case, direct an issue
to be tried by a jury, and on the trial before the jury, or hearing before the circuit judge,
the testimony of the witnesses reduced to writing by the judge of probate, according to section
43-8-169, is evidence to be considered by the judge or jury. (Code 1852, §1655; Code 1867,
§1973; Code 1876, §2337; Code 1886, §2001; Code 1896, §4300; Code 1907, §6209; Code 1923,
§10640; Code 1940, T. 61, §67; Code 1975, §43-1-82.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-202.htm - 958 bytes - Match Info - Similar pages
6-10-38
Section 6-10-38 Contest of exemption claim - Proceedings when homestead found to exceed value
or area allowed. (a) If, on the trial of a contest of a claim of homestead exemption, it is
found that the homestead as claimed exceeds $5,000 in value (or if a husband and wife have
both claimed the exemption to which each is entitled, $10,000), or 160 acres in area, the
court shall forthwith issue an order to the sheriff, returnable in 30 days thereafter, commanding
him to summon three disinterested householders or freeholders of the county in which the homestead
is situated, who, after having been sworn by the sheriff or some officer authorized to administer
oaths to faithfully discharge their duty, shall, if practicable, set off and allot, by metes
and bounds, the homestead exempt to the defendant from levy and sale under process, having
regard both to the quality and value of the real estate and to the selection of the defendant
and taking land most contiguous to the dwelling, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-38.htm - 4K - Match Info - Similar pages
6-10-88
Section 6-10-88 Report of appraisers or commissioners - Hearing and determination on exceptions;
proceedings when exemption of personalty excessive or insufficient. (a) On the day fixed for
the hearing of such exceptions, an issue shall be made up under the direction of the court
and the same shall be tried as other issues in the court are tried, the party excepting being
the plaintiff on whom shall rest the burden of proof. On the hearing, the court may confirm
or set aside the report, as the right may appear. (b) But if the exceptions relate to the
exemption of personal property and are based on the ground that it is excessive or insufficient,
the court, if the exceptions are sustained, must not set aside the report, but shall ascertain
the amount of such excess or insufficiency and, if excessive, shall order the restoration
to the personal representative of property sufficient in value to cure the excess, describing
the same, and shall enforce such order by a writ of restitution;...
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