|
17-16-59
Section 17-16-59 Judgment of court. If, on the trial of the contest of any election, either
before the judge of probate or the circuit court, it shall appear that any person other than
the one whose election is contested, received or would have received, had the ballots intended
for the person and illegally rejected been received, the highest number of legal votes, judgment
must be given declaring such person duly elected, and such judgment shall have the force and
effect of investing the person thereby declared elected, with full right and title to have
and to hold the office to which the person is declared elected. If it appears that two or
more persons have, or would have had, if the ballots intended for them and illegally rejected
had been received, the highest and equal number of votes for such office, judgment must be
entered declaring the fact, and such fact must be certified to the officer having authority
to fill vacancies in the office the election to which was contested. If...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/17-16-59.htm - 1K - Match Info - Similar pages
26-2-54
Section 26-2-54 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Entry of decree or judgment as to contested application
upon rendition of verdict of jury. If, on the trial of the contest, the jury finds the facts
stated in the application to be true, the court must enter a decree revoking the proceedings
on the inquisition and the guardianship or conservatorship, and declaring that the ward must
be restored to the custody and management of his or her estate and must adjudge the costs
as is just and equitable, but if the verdict of the jury negatives the facts stated in the
application, a judgment of dismissal at the cost of the applicant or of the next friend must
be entered. (Code 1852, §2761; Code 1867, §3200; Code 1876, §2807; Code 1886, §2400; Code
1896, §2265; Code 1907, §4355; Code 1923, §8113; Code 1940, T. 21, §19; Acts 1987, No.
87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2-54.htm - 1K - Match Info - Similar pages
43-8-192
Section 43-8-192 Drawing and summoning of jurors; penalty for default. (a) The jury for the
trial of such contest must be drawn and summoned as provided by law. (b) Any person summoned
as a juror who shall, without legal cause or good excuse, fail to attend at the time and place
required, shall be guilty of a contempt of court and may be punished by the court by a fine
of not exceeding $100.00. (Code 1852, §§1637-1639; Code 1867, §§1956-1958; Code 1876,
§§2320-2322; Code 1886, §§1991, 1992; Code 1896, §§4289, 4290; Code 1907, §§6198,
6199; Acts 1909, No. 227, p. 305; Code 1923, §§10627, 10628; Code 1940, T. 61, §§54, 55;
Code 1975, §43-1-72.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-192.htm - 1K - Match Info - Similar pages
43-8-200
Section 43-8-200 Contest in circuit court after admission to probate - Parties; conclusiveness
of judgment. In the event a contest of the probate of a will is instituted in the circuit
court, as is or may be authorized by law, all parties interested in the probate of the will,
as devisees, legatees or otherwise, as well as those interested in the testator if he had
died intestate, as heirs, distributees or next of kin, shall be made parties to the contest;
and if there be minors or persons of unsound mind interested in the estate or in the probate
of the will, they shall be represented by their legal guardian, if such they have; if they
have no such guardian, the court shall appoint an attorney-at-law as guardian ad litem to
represent their interest in the contest, and the final judgment in such contest proceedings
shall be conclusive as to all matters which were litigated or could have been litigated in
such contest; and no further proceedings shall ever be entertained in any courts...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-200.htm - 1K - Match Info - Similar pages
35-6-122
Section 35-6-122 Trial by jury. Either party shall be entitled to a trial by jury, on demand
made therefor at any time before the hearing, and the jury shall decide the facts under the
charge of the judge. When a jury is demanded, the court shall order the sheriff to summon
12 men, or, by agreement of the parties, any less number, competent to serve as jurors; and
the mode of swearing, impaneling, challenging, and supplying the places of jurors shall be
the same, so far as practicable, as in the circuit court, on the trial of civil actions. (Code
1876, §3531; Code 1886, §3277; Code 1896, §3202; Code 1907, §5248; Code 1923, §9352;
Code 1940, T. 47, §245.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-122.htm - 994 bytes - Match Info - Similar pages
6-10-125
Section 6-10-125 Attachment - Proceedings when waiver not sustained. When such attachment is
levied on property embraced in a declaration of claim of exemption which has been filed for
record, or subsequent to the levy a claim to such property as exempt is interposed, if, on
the trial, the averment of waiver is not sustained, the levy shall be discharged and the property
returned to the defendant, unless the plaintiff, within five days after judgment, shall contest
the claim. If such plaintiff should desire to contest, such contest may be instituted and
prosecuted as in other cases. (Code 1886, §2572; Code 1896, §2109; Code 1907, §4236; Code
1923, §7965; Code 1940, T. 7, §711.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-125.htm - 1013 bytes - Match Info - Similar pages
11-17-10
Section 11-17-10 Appeals from assessment of damages - Conduct of hearing generally; establishment
of damages by jury. On the hearing of such trial, the court shall cause an issue to be made
between the parties interested to ascertain the amount of damages for the property taken or
injured in locating the burial place. Either party may examine witnesses on such trial and
may argue the questions to the court or jury by themselves or counsel, which questions must
then be submitted to the jury for their determination, which amount of damages shall be fixed
by the verdict of the jury. (Code 1907, §95; Code 1923, §100; Code 1940, T. 12, §217.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-17-10.htm - 962 bytes - Match Info - Similar pages
11-81-60
Section 11-81-60 Election contest - Notice and hearing. Notice of contest shall be served on
the mayor or chief executive officer of the municipality in which such election was held when
the bond for costs has been approved by the judge of probate of the county. The municipality
shall be made contestee, and an answer shall be filed in the name of such municipality. Said
contest shall be a preferred case in all courts. (Acts 1927, No. 478, p. 534; Code 1940, T.
37, §284.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-81-60.htm - 782 bytes - Match Info - Similar pages
35-6-55
Section 35-6-55 Partition not made when adverse claim or title asserted. No division or partition
or sale for distribution can be made under this article, in the probate court when an adverse
claim or title is asserted by anyone, or brought to the knowledge of the commissioners, or
of the judge of probate. (Code 1852, §2690; Code 1867, §3118; Code 1876, §3512; Code 1886,
§3251; Code 1896, §3176; Code 1907, §5220; Code 1923, §9320; Code 1940, T. 47, §208.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-55.htm - 801 bytes - Match Info - Similar pages
6-6-166
Section 6-6-166 Return - Where levy made in different county than where judgment entered or
original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
(a) When the levy is made in a different county from that in which the judgment was entered
or the original attachment issued, if a claim is interposed to the property, it is the duty
of the officer levying the writ to return the original to the court from which it issued,
with a statement thereon showing the interposition of the claim and true copies of the affidavit
and bond, certified by him; and he must return the original affidavit and bond and a true
copy of the writ under which the levy was made, certified by him, to the circuit court of
his own county, where, after 30 days, the trial of the right of property must be had. The
copies thus required to be made, certified as provided in this section, must be received in
lieu of and have, in all respects, the same effect as the originals. (b) If, in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-166.htm - 2K - Match Info - Similar pages
|