10A-2-6.32
Section 10A-2-6.32 Cancellation of reacquired shares. REPEALED IN THE 2019 REGULAR SESSION
BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
A corporation may at any time, by resolution of its board of directors, and without shareholder
action: (1) Cancel all or any part of the shares of the corporation reacquired by it other
than shares the reissuance of which is prohibited by the articles of incorporation, and in
the event a statement of cancellation shall be filed under this section; or (2) File a statement
of cancellation with respect to shares the reissuance of which is prohibited by the articles
of incorporation. (b) The statement of cancellation shall be executed by the corporation and
delivered to the judge of probate for filing. The statement shall set forth: (1) The name
of the corporation; (2) The number of reacquired shares canceled by resolution duly adopted
by the board of directors, itemized by classes and series, and the date of...
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10A-3-2.44
Section 10A-3-2.44 Assertion of lack of capacity or power; defense of ultra vires No act of
a nonprofit corporation and no conveyance or transfer of real or personal property to or by
a nonprofit corporation shall be invalid by reason of the fact that the corporation was without
capacity of power to do an act or to make or receive a conveyance or transfer, but lack of
capacity of power may be asserted: (1) In a proceeding by a member or a director against the
nonprofit corporation to enjoin the doing or continuation of unauthorized acts, or the transfer
of real or personal property by or to the nonprofit corporation. If the unauthorized acts
or transfer sought to be enjoined are being, or are to be, performed pursuant to any contract
to which the nonprofit corporation is a party, the court may, if all of the parties to the
contract are parties to the proceeding and if it deems the same to be equitable, set aside
and enjoin the performance of the contract, and in so doing may allow to...
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10A-4-3.02
Section 10A-4-3.02 Death or disqualification of shareholder. (a) Upon the death of a shareholder
of a domestic professional corporation, or if a shareholder of a domestic professional corporation
becomes a disqualified person, or if shares of a domestic professional corporation are transferred
by operation of law or court decree to a disqualified person, the shares of the deceased shareholder
or of the disqualified person may be transferred to a qualified person and, if not so transferred,
shall be purchased or redeemed by the domestic professional corporation to the extent of funds
which may be legally made available for the purchase. (b) If the price for the shares is not
fixed by the governing documents of the domestic professional corporation or by private agreement,
the domestic professional corporation, within six months after the death or 30 days after
the disqualification or transfer, as the case may be, shall make a written offer to pay for
the shares at a specified price...
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11-81-180
Section 11-81-180 Appointment of receiver upon default in payment of principal and interest
on bonds; powers of receiver. If there shall be any default in the payment of the principal
of or interest upon any bonds issued under this article, any court having jurisdiction in
any proper civil action may appoint a receiver to administer and operate the system or systems
out of the revenues from which such bonds are payable with power to fix and charge rates and
collect revenues sufficient to provide for the payment of such bonds and any other obligations
outstanding against said system or systems or the revenues therefrom and for the payment of
the expenses of operating and maintaining such system or systems and with power to apply the
income and revenues of said system or systems in conformity with this article and the authorizing
proceedings and any trust indenture provided for therein. (Acts 1933, Ex. Sess., No. 102,
p. 88; Code 1940, T. 37, §315; Acts 1955, No. 494, p. 1127, §7.)...
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13A-12-57
Section 13A-12-57 Trial; defendant bound over. The court shall thereupon proceed to hear the
evidence in the case, and, if probable cause is shown for believing said parties or any of
them to be guilty, he shall bind them over under proper bond to await the action of the grand
jury in accordance with the laws of the state as prescribed in preliminary examinations before
courts authorized by law to conduct preliminary examinations, and all rules of procedure applicable
to such preliminary examinations shall be likewise applicable to proceedings under this division.
(Acts 1909, No. 193, p. 183; Code 1923, §4289; Code 1940, T. 14, §301; Code 1975, §13-7-98.)...

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34-4-31
Section 34-4-31 Revocation or suspension - Resulting from judgment in damage action. Whenever
any person, partnership, association or corporation claiming to have been injured or damaged
by the gross negligence, incompetency, fraud, dishonesty, or misconduct on the part of any
licensee following the calling or engaging in the business herein described shall file an
action upon such claim against such licensee in any court of record in this state and shall
recover judgment thereon, such court may as part of its judgment in such case, if it deems
it a proper case in which to do so, revoke the defendant's license, which shall not be reissued
to such licensee except upon unanimous vote of all members of the board in favor of such reissuance
and only then after the lapse of a period of 90 days from the date of such revocation. (Acts
1973, No. 811, p. 1236, §15.)...
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35-11-222
Section 35-11-222 How action commenced; pleadings, practice and proceedings. Such actions,
when brought in the circuit court, shall be commenced by summons and complaint. The complaint
shall contain a description of the property on which the lien is claimed, and shall allege
the facts necessary to entitle the plaintiff to the lien and the enforcement thereof; in all
other respects, the pleadings, practice and proceedings shall be the same as in ordinary civil
actions. (Code 1876, §3446; Code 1886, §3029; Code 1896, §2734; Code 1907, §4765; Code
1923, §8843; Code 1940, T. 33, §49.)...
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35-11-224
Section 35-11-224 Issues; finding or verdict; judgment generally. Any defendant, by appropriate
plea, may put in issue the fact of indebtedness or the existence of the lien, or both, and
may interpose any other defense applicable to the action; and if the court by its finding,
or the jury by their verdict, as the case may be, ascertain that the plaintiff has a lien
as claimed, judgment shall be entered for the amount secured thereby, interest and costs,
against the party liable for the same, and establishing the lien, and condemning the property
to sale for the satisfaction thereof; but if the finding or verdict is for the plaintiff only
on the issue of indebtedness, a judgment shall be entered in his favor for the amount thereof
as in other cases. (Code 1886, §3034; Code 1896, §2739; Code 1907, §4770; Code 1923, §8848;
Code 1940, T. 33, §52.)...
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6-6-149
Section 6-6-149 Action by defendant - Venue for actions on injunction bond or attachment bond
in cases of injunction or bankruptcy. The defendant in any action commenced by attachment,
in any action in which an injunction against him is issued, or in any proceeding against him
as a bankrupt, may commence an action on the attachment bond or injunction bond, as the case
may be, against the plaintiffs as for malicious prosecution, and upon the bond of the petitioning
creditors, against the petitioning creditors as for a malicious prosecution, in the county
where the writ is levied; and in case of bankruptcy, in the county where the goods, property,
and effects were seized and located; or such actions may be commenced in the county where
the plaintiff in attachment resides or any of the sureties reside; and, in cases of bankruptcy,
where the petitioning creditors or anyone of them reside; and, in the cases of injunction,
where the plaintiff or any surety on his bond resides. (Code 1896,...
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6-6-352
Section 6-6-352 Writs of restitution or possession - Issuance by circuit court. In the event
that the plaintiff is placed in possession under a writ of restitution or possession, and
on appeal the judgment is reversed and one entered for the defendant or the proceeding on
appeal is quashed or dismissed, the circuit court may award a writ of restitution or possession
to restore him to possession as against the plaintiff, but not as against a third party; but
the issuance of the writ rests in the discretion of the appellate court, and the circuit court
may, in all cases, direct writs of restitution or possession to be issued by the trial court
when, in the judgment of the circuit court, such writ is proper or necessary (Code 1923, §8030;
Code 1940, T. 7, §993.)...
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