6-6-391
Section 6-6-391 Affidavit of amount due plaintiff. To obtain such writ of garnishment, the
plaintiff, his agent or attorney must make, before an officer authorized to administer oaths,
and file, with the clerk of the court in which the action is pending or the judgment was entered,
an affidavit stating the amount due from the defendant to the plaintiff, or his assignee,
that process of garnishment is believed to be necessary to obtain satisfaction thereof and
that the person to be summoned as garnishee is believed to be chargeable as garnishee in the
case. It is not ground of objection that two or more persons having separate interests are
mentioned as garnishees. (Code 1852, §2471; Code 1867, §2892; Code 1876, §3219; Code 1886,
§§2968, 2973; Code 1896, §2173; Code 1907, §4302; Code 1923, §8053; Code 1940, T. 7,
§997.)...
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6-9-254
Section 6-9-254 Lack of personal jurisdiction; recognition sought. (a) A foreign-country judgment
may not be refused recognition for lack of personal jurisdiction if: (1) the defendant was
served with process personally in the foreign country; (2) the defendant voluntarily appeared
in the proceeding, other than for the purpose of protecting property seized or threatened
with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(3) the defendant, before the commencement of the proceeding, had agreed to submit to the
jurisdiction of the foreign court with respect to the subject matter involved; (4) the defendant
was domiciled in the foreign country when the proceeding was instituted or was a corporation
or other form of business organization that has its principal place of business in, or was
organized under the laws of, the foreign country; (5) the defendant had a business office
in the foreign country and the proceeding in the foreign court...
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13A-8-12
Section 13A-8-12 Defenses to prosecutions for theft and unauthorized use of vehicle. (a) It
is a defense to a prosecution under Sections 13A-8-2 through 13A-8-11 (theft of property,
theft of lost property, theft of services and unauthorized use of vehicle) that the actor
honestly believed that he had a claim to the property or services involved which he was entitled
to assert in the manner which forms the basis for the charge against him. (b) The burden of
injecting the issue of claim of right is on the defendant, but this does not shift the burden
of proof. (Acts 1977, No. 607, p. 812, §3230; Acts 1979, No. 79-664, p. 1163, §1.)...
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18-1A-72
Section 18-1A-72 Contents of complaint; property already subject to public use; easement to
cross line of another railroad; map or diagram to accompany complaint. (a) In addition to
other allegations required or permitted by law, the complaint shall: (1) Designate as a plaintiff
each person on whose behalf the property is sought to be taken; (2) Name as defendants all
persons who to the plaintiff's knowledge are owners of or who have or claim any interest in
the property sought to be taken; specify the nature of each defendant's interest. Defendants
whose names are not known may be included under the designation "unknown claimants"
provided reasonable diligence has been used to ascertain the same, and where the interest
of the defendant is unknown the complaint may so state; (3) Contain a legal description of
the property and of the interest therein sought to be taken; (4) Allege the basis of the plaintiff's
right to take the property by eminent domain and maintain the action,...
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30-5-3
Section 30-5-3 Jurisdiction; request for protection order; venue; other actions; residency.
(a) The courts, as provided in this chapter, shall have jurisdiction to issue protection orders.
(b) A protection order may be requested in any pending civil or domestic relations action,
as an independent civil action, or in conjunction with the preliminary, final, or post-judgment
relief in a civil action. (c) A petition for a protection order may be filed in any of the
following locations: (1) Where the plaintiff or defendant resides. (2) Where the plaintiff
is temporarily located if he or she has left his or her residence to avoid further abuse.
(3) Where the abuse occurred. (4) Where a civil matter is pending before the court in which
the plaintiff and the defendant are opposing parties. (d) When custody, visitation, or support,
or a combination of them, of a child or children has been established in a previous court
order in this state, or an action containing any of the issues above is...
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35-9-100
Section 35-9-100 When reasonable satisfaction may be recovered. A reasonable satisfaction may
be recovered for the use and occupation of land: (1) When there has been a demise by deed
or by parol, and no specific sum agreed on as rent. (2) When the defendant has been let into
possession upon a supposed sale of the lands, which, from the act of the defendant, has not
been consummated. (3) When the tenant remains on the land by sufferance of the owner. When,
after a demise, the tenant, having had 30 days' previous notice, holds over without the consent
of his landlord, he shall pay to such landlord double the value of the customary rent of the
property so withheld. (4) When the defendant has gone in possession of the land unlawfully.
The owner of the land has a lien upon the same property of the defendant, and to the same
extent as the landlord has under section 35-9-30 or section 35-9-60, which may be enforced
by attachment as provided in section 35-9-61 or section 35-9-34, as may be...
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40-9-14.1
Section 40-9-14.1 Certificates of exemption to governmental entities, contractors, etc., for
certain tax exempt projects. (a) For the purposes of this section, the term governmental entity
means the State of Alabama and its political subdivisions, including a county, a municipality,
an industrial or economic development board or authority, and any public water or sewer authority,
district, system, or board that otherwise is sales and use tax exempt. A governmental entity
shall also include an educational institution of any of the foregoing Alabama political subdivisions
including a public college or university, a county or city board of education, and the State
Board of Education. (b)(1) The Department of Revenue shall issue a certificate of exemption
to the governmental entity for each tax exempt project. (2) The Department of Revenue shall
grant a certificate of exemption from state and local sales and use taxes to any contractor
licensed by the State Licensing Board for General...
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43-2-812
Section 43-2-812 Judgment certified to probate court; execution for costs. If such judgment
is for the plaintiff, and it is shown to the court that such estate has been declared insolvent,
an order must be made to the effect that no execution issue on such judgment, but that the
same be certified to the proper probate court. Upon a certified copy of such judgment being
filed as a claim against the estate, it must be allowed with the costs against such estate,
unless shown to have been obtained by collusion; and when such judgment is certified, the
clerk may demand of the plaintiff payment of all costs incurred in obtaining the same. If
the plaintiff fails for 20 days after the judgment is so certified to pay such costs, execution
may issue against him for the same as in other cases. (Code 1852, §1860; Code 1867, §2209;
Code 1876, §2581; Code 1886, §2251; Code 1896, §319; Code 1907, §2795; Code 1923, §6034;
Code 1940, T. 61, §421.)...
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6-4-4
Section 6-4-4 Commencement of action on Sunday. Whenever the plaintiff shall make an affidavit
that he is informed and believes that the defendant is about to abscond or to remove out of
the state, or is about to secrete himself so that service cannot be had upon him on the following
day, he shall be allowed to file his complaint in any of the courts of this state on Sunday.
Upon the filing thereof, a summons shall immediately issue and be served by the sheriff upon
the defendant on the same day of its issuance, and if he cannot be found on that day, then
it shall be served as any other summons and complaint. (Code 1907, §5298; Code 1923, §9416;
Code 1940, T. 7, §346.)...
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6-5-530
Section 6-5-530 Liability for damages. (a) In any civil action for personal injury, death,
or property damage caused by a product, regardless of the type of claims alleged or the theory
of liability asserted, the plaintiff must prove, among other elements, that the defendant
designed, manufactured, sold, or leased the particular product the use of which is alleged
to have caused the injury on which the claim is based, and not a similar or equivalent product.
Designers, manufacturers, sellers, or lessors of products not identified as having been used,
ingested, or encountered by an allegedly injured party may not be held liable for any alleged
injury. A person, firm, corporation, association, partnership, or other legal or business
entity whose design is copied or otherwise used by a manufacturer without the designer's express
authorization is not subject to liability for personal injury, death, or property damage caused
by the manufacturer's product, even if use of the design is...
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