6-10-90
Section 6-10-90 Report of appraisers or commissioners - Taxation of cost on exceptions being
filed. If the exceptions are filed by the surviving spouse or on behalf of the minor child
or children and are not sustained, the costs shall be taxed against the surviving spouse or
the next friend of the child or children, or against both if they are joined in the exceptions,
and in all other cases against the unsuccessful party. (Code 1886, §2558; Code 1896, §2088;
Code 1907, §4215; Code 1923, §7938; Code 1940, T. 7, §681.)...
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6-10-93
Section 6-10-93 Confirmation of reports when no exceptions filed. If no exceptions are filed
to the report of the appraisers under the provisions of this division or to the report allotting
or setting apart any homestead or other exemption within the time allowed for filing such
exceptions, a decree must be entered confirming the report and allowing the exemption as reported.
(Code 1886, §2561; Code 1896, §2091; Code 1907, §4218; Code 1923, §7941; Code 1940, T.
7, §684.)...
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11-44C-92
Section 11-44C-92 Commission form of government. If a majority of the qualified electors voting
in the election provided herein choose the court ordered districted commission form of government
in accordance with the consent decree entered into by the parties and approved by the court
on April 7, 1983, in the case of Bolden vs.City of Mobile, Civil Action No. 75-297, then the
provisions of said court ordered districted commission form shall be applicable to said city.
The three commissioners elected under said court ordered plan from single member districts
shall sit as a board and shall possess and exercise all municipal powers, legislative, executive,
and judicial, possessed and exercised by city governing bodies as provided by sections 11-44-70
through 11-44-105, as amended, and other applicable laws, except that all functions, responsibilities
and operations of the city shall be under the direction and supervision of the board of commissioners
as a whole. All three commissioners...
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9-9-30
Section 9-9-30 Appeal from confirmation of board of viewers' report. Any person aggrieved may
within 10 days after the confirmation of the board of viewers' report appeal from the judgment
of the court of probate to the circuit court, and upon such an appeal there may be determined
either or both of the following: first, whether just compensation has been allowed for property
appropriated and second, whether proper damages have been allowed for property prejudicially
affected by the improvements. Such appeal shall be taken and prosecuted as now provided by
law, which appeal shall be based and heard only upon the exceptions heretofore filed by the
complaining party, either as to issue of law or fact, and no additional exceptions shall be
considered by the court upon the hearing of the appeal; provided, that nothing in this section
shall be construed to authorize any appellant to stay the proceedings of the district or to
prevent progress in the work of construction of any work or...
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43-2-554
Section 43-2-554 When execution may be stayed. The probate court may stay execution on any
decree rendered under the provisions of section 43-2-553, for any time not exceeding six months,
if, in the judgment of the court, the interest of the estate requires extension. (Code 1867,
§2168; Code 1876, §2540; Code 1886, §2177; Code 1896, §245; Code 1907, §2696; Code 1923,
§5929; Code 1940, T. 61, §324.)...
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6-10-89
Section 6-10-89 Report of appraisers or commissioners - Proceedings when report set aside.
If the report is set aside, the court must appoint three commissioners who shall allot and
set apart such exemptions and report the same to the court under the provisions of this division,
when the same proceedings may be had as on the report first made and so on until the exemptions
are finally allowed. (Code 1886, §2557; Code 1896, §2087; Code 1907, §4214; Code 1923,
§7937; Code 1940, T. 7, §680.)...
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12-11-61
Section 12-11-61 Irregular sales of lands under decrees of probate court may be confirmed.
Sales of lands made under a decree of the probate court, the parties in interest having had
legal notice of the proceedings in which the decree was rendered, which are invalid because
of errors, omissions or irregularities in the proceedings in the probate court, may be confirmed
by a judgment of the circuit court if it is shown that the lands were sold for their full
value, which has been fully paid to the party entitled to receive it. (Code 1876, §§3840,
3841; Code 1886, §3539; Code 1896, §808; Code 1907, §3917; Code 1923, §6485; Code 1940,
T. 13, §148.)...
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12-22-2
Section 12-22-2 Final judgments of circuit or probate courts. From any final judgment of the
circuit court or probate court, an appeal lies to the appropriate appellate court as a matter
of right by either party, or their personal representatives, within the time and in the manner
prescribed by the Alabama Rules of Appellate Procedure. (Code 1867, §3485; Code 1876, §3916;
Code 1886, §3611; Code 1896, §426; Code 1907, §2837; Code 1923, §6078; Code 1940, T. 7,
§754.)...
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35-6-45
Section 35-6-45 Decree for partition; appointment of commissioners; minors' interests considered.
If, upon the hearing, the court is satisfied from the proof that the property described in
the application is held and owned jointly, or in common, it must decree the same to be divided
or partitioned among the joint owners or tenants in common, according to their respective
interests therein; and to effect such division or partition, it must appoint suitable commissioners,
not more than five, any three of whom may act; but if the application is for the partition
of lands, and any of the parties interested are minors, the court, before granting the application,
must be satisfied by evidence taken as in actions before the circuit court that it is to the
interest of such minors that the partition be made. (Code 1867, §3108; Code 1876, §3502;
Code 1886, §3241; Code 1896, §3166; Code 1907, §5208; Code 1923, §9308, Code 1940, T.
47, §197.)...
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11-42-69
Section 11-42-69 Trial and entry of judgment by circuit court; appeals from judgment of circuit
court; endorsement on map by probate judge where no appeal from judgment of probate court.
(a) If on the trial in the circuit court it be adjudged that the requisite facts did exist
subjecting the land and property having a situs thereon to taxation by the city, a judgment
shall be entered adjudging that the land and property having a situs thereon be, and the same
is, subject to taxation by the city and that the taxes thereon shall be paid to the city.
If it be adjudged that the requisite facts did not exist, a judgment shall be entered adjudging
that the land and property having a situs thereon is not subject to taxation by the city,
and the cost of appeal and of contest shall be adjudged against the losing party. (b) Either
the city or the property owner may appeal from the judgment of the circuit court to the supreme
court within the time and in the same manner as is provided by the...
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