12-22-23
Section 12-22-23 Contest of will removed to probate court of another county. Upon the contest
of a will removed from the probate court of the county in which it was propounded to the probate
court of another county for trial, an appeal lies to the Supreme Court. (Code 1852, §1889;
Code 1867, §2248; Code 1876, §3958; Code 1886, §3643; Code 1896, §460; Code 1907, §2858;
Code 1923, §6117; Code 1940, T. 7, §778.)...
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12-22-3
Section 12-22-3 Judgments or decrees of abolished courts of record. If a court of record ceases
to exist by reason of the repeal of the statute creating it and, while existing, rendered
a judgment or decree from which an appeal would lie, within the time prescribed by law, an
appeal therefrom may be taken by filing a notice of appeal with the clerk or register of the
court to which the unfinished business or the records of such inferior court may be transferred
as if such judgment or decree had been rendered in the court having the jurisdiction of such
unfinished business or the custody of such records. In the event of the reversal of such judgment
or decree, the remandment of the case must be to the latter court. (Code 1876, §§3919, 3920;
Code 1886, §3618; Code 1896, §435; Code 1907, §2847; Code 1923, §6089; Code 1940, T. 7,
§753.)...
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18-1A-282
Section 18-1A-282 Commissioners to report assessment; issuance of order of condemnation upon
deposit in court or payment of damages, etc., assessed; notice of order. The commissioners
must, within 20 days from their appointment, make a report in writing to the probate court
stating the amount of damages and compensation ascertained and assessed by them for the owners
of each tract of and, or persons injured and other parties interested therein, and thereupon,
within seven days, the probate court must issue an order that the report be recorded and the
property be condemned upon payment or deposit into the probate court of the damages and compensation
so assessed. A notice of entry of said order and the amount of the award shall immediately
be mailed by first class mail to each party whose address is known, together with a notice
of the right to appeal therefrom to the circuit court within 30 days from the date of said
order. (Acts 1985, No. 85-548, p. 802, §1613.)...
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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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6-6-603
Section 6-6-603 Appeals - Generally. The state, informant, or defendant may appeal to the Supreme
Court in accordance with the Alabama Rules of Appellate Procedure. (Code 1852, §2670; Code
1867, §3098; Code 1876, §3438; Code 1886, §3183; Code 1896, §3437; Code 1907, §5470;
Code 1923, §9949; Code 1940, T. 7, §1153.)...
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9-9-12
Section 9-9-12 Establishment of district - Appeal as to inclusion in or exclusion from district
of property. If the court finds that any property set out in the report of the engineer or
other plans submitted by petitioners should not be incorporated in the district, the board
of commissioners or any owner of realty in the district may, within 20 days after the refusal
of the court of probate to include said property in the district, appeal from the order of
the court to the circuit court upon giving bond in a sum to be fixed by the court, conditioned
for the payment of costs if the appeal should be decided against said appellant. Any person
owning lands within the district that, in his opinion, should not be included in the district
may, within 20 days, appeal from the decision of the court to the circuit court by filing
an appeal accompanied by a bond approved by the court, conditioned for the payment of the
cost if the appeal should be decided against him. (Acts 1965, No. 685, p....
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12-22-24
Section 12-22-24 Bond on appeal of order removing executor or administrator. (a) No appeal
can be taken from any order of the probate court removing an executor or administrator unless
the applicant gives either a cash bond or a bond with at least two good and sufficient sureties,
payable to the probate judge and in the amount fixed by him, not less than the amount of his
bond as executor or administrator, conditioned to prosecute the appeal to effect and, until
the same is decided, faithfully to discharge his duties as such executor or administrator.
(b) If such appeal is decided against the appellant, any cash bond posted or part thereof
may be ordered forfeited for costs, or, if other than a cash bond was given, execution for
costs may issue against him and the sureties on such bond, their names being certified with
the record to the appellate court. (c) Such bond also stands as security for the faithful
discharge of his duties as such executor or administrator, from the time the...
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12-22-72
Section 12-22-72 Affirmation of stayed judgment - Generally. When a judgment or decree is entered
or rendered for money, whether debt or damages, and the same has been stayed on appeal by
the execution of bond, with surety, if the appellate court affirms the judgment of the court
below, it must also enter judgment against all or any of the obligors on the bond for the
amount of the affirmed judgment, and the costs of the appellate court; and, upon the appeal
of any judgment or decree entered or rendered for any amount of commissions, fees or compensation
fixed or determined by the trial court and taxed or allowed as costs, if the appellate court
affirms the judgment or decree of the court below and the payment thereof has been stayed
on such appeal, judgment shall be entered by the appellate court against all or any of the
obligors on the bond for the amount affirmed, and the costs of the appellate court; provided,
however, that if no supersedeas bond has been executed on such appeal,...
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17-16-61
Section 17-16-61 Appeals - Generally. In all contested elections before the judge of probate,
an appeal lies to the Supreme Court within 14 days after the rendition of the judgment. From
the judgment of the circuit court on the contest of an election of a judge of probate or sheriff
or any other officer mentioned in Section 17-16-56, an appeal lies to the Supreme Court within
14 days after the rendition of the judgment. (Code 1896, §1702; Code 1907, §476; Code 1923,
§566; Code 1940, T. 17, §252; §17-15-34; amended and renumbered by Act 2006-570, p. 1331,
§83.)...
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35-6-61
Section 35-6-61 Sale instead of partition - Evidence. Evidence in support of such application
must be taken as in actions before the circuit court, and before granting the decree of sale
the probate court must be satisfied from the evidence that an equitable division or partition
cannot be made; and when the application is by the guardian of an infant or person of unsound
mind, the court must be satisfied from the evidence that it would be to the interest of such
infant, or person of unsound mind, to sell the property for the purpose of division or partition.
(Code 1867, §3123; Code 1876, §3517; Code 1886, §3256; Code 1896, §3181; Code 1907, §5225;
Code 1923, §9325; Code 1940, T. 47, §213.)...
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