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35-3-23
Section 35-3-23 Order for survey on motion of party - Deposit of costs. In the event a party
to such action petitions for such survey and offers to pay the cost of the same and it appears
that such survey is pertinent to the determination of the issue or issues of said action or
is essential to the proper entering of an order therein, the court shall order such survey
requiring the petitioning party to deposit with the register or clerk of the court the estimated
cost to be fixed by the court of such survey, which deposited funds shall be disbursed by
order of the court; and on the deposit of such cost with the register or clerk the court shall
order such survey to be made. (Acts 1931, No. 163, p. 239; Code 1940, T. 47, §10.)...
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37-4-63
Section 37-4-63 Forced sales - Appeals to circuit court. Any party shall have the right to
appeal from the order of the commission, such appeal to be governed by existing provisions
of law relating to appeals from final orders of the commission; except, that such appeal shall
be taken to the circuit court of the judicial circuit containing the greater portion, by value,
of the property to be acquired, and such appeal shall be taken within 10 days from the filing
of the order of the commission. The order of the commission shall specify the judicial circuit
in which the greater portion of the property, by value, is located, and such specification
shall be conclusive for fixing the venue of an appeal. On any such appeal, if the court shall
determine that any condition imposed by the order of the commission is unreasonable or that
the commission has erred in determining the just compensation to be paid, the court shall
proceed to enter the judgment the commission should have entered. Any...
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40-10-197
Section 40-10-197 Action to foreclose the right to redeem and quiet title; notice requirements;
effect of foreclosure; deed; expiration of certificate. (a) At any time not less than three
years after the auction or sale of a tax lien but not later than 10 years after the auction
or sale, if the tax lien is not redeemed, the holder of the tax lien certificate may bring
in the circuit court of the county in which the property is located an action to foreclose
the right to redeem and quiet title to the property in the name of the holder of the tax lien
certificate. If any applicable law or court order prohibits bringing an action to foreclose
the right to redeem and quiet title to the property, the limitation provided in this section
shall be extended 12 months following the termination of the prohibition. (b)(1) At least
30 days before filing a tax lien foreclosure action under this article, but not more than
180 days before the action is commenced, the holder of the tax lien certificate...
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40-10-77
Section 40-10-77 Defense of action fails on grounds other than that taxes were not due. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in an action brought against
such purchaser or other person claiming under the purchaser to recover possession of lands
sold for taxes, the defendant claims and defends under the tax title and the defense fails
on the ground that such sale was invalid for any reason other than that the taxes were not
due, and the plaintiff recovers, the court shall forthwith, on the motion of the defendant,
ascertain the amount of taxes for which the lands were liable at the time of the sale and
for the payment of which they were sold, with interest thereon from the day of sale, and the
amount of such taxes on the lands, if any, as the defendant or the person under whom he or
she claims has, since such sale, lawfully paid or assumed, in case of the state,...
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
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6-3-8
Section 6-3-8 Venue of actions - Breach of official bond. (a) At the election of the Attorney
General, all actions of summary proceedings by or for the use of the state founded on breach
of the official bond of a state officer or a former state officer, of a tax collector or former
tax collector, of a judge of probate or former judge of probate, of a tax assessor or former
tax assessor, or clerk of the circuit court or former clerk of the circuit court may be commenced
in the circuit court of Montgomery County or in a court of the county in which any one of
the obligors in such bond may reside. (b) An action on the official bond executed by a sheriff
or any deputy sheriff may be commenced only in the county of residence of the principal or
in the county in which he resided at the time of the execution of the same; provided, that
if the act complained of was committed in some county other than the county in which he resided,
then such action may be commenced in the county where such act...
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6-5-153
Section 6-5-153 Effect of establishment of nuisance in criminal proceedings. In case the existence
of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction,
the district attorney shall proceed promptly under this division to enforce the provisions
and penalties thereof, and the finding of the defendant guilty in such criminal proceedings,
unless reversed or set aside, shall be conclusive as against the defendant as to the existence
of the nuisance. The proceeds of the sale of the personal property as provided in Section
6-5-152 shall be applied in payment of the costs of the action and abatement, including the
plaintiff's costs, or so much of such proceeds as may be necessary, except as provided in
this division. (Acts 1919, No. 53, p. 52; Code 1923, §9296; Code 1940, T. 7, §1107.)...
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6-5-410
Section 6-5-410 Wrongful act, omission, or negligence causing death. (a) A personal representative
may commence an action and recover such damages as the jury may assess in a court of competent
jurisdiction within the State of Alabama where provided for in subsection (e), and not elsewhere,
for the wrongful act, omission, or negligence of any person, persons, or corporation, his
or her or their servants or agents, whereby the death of the testator or intestate was caused,
provided the testator or intestate could have commenced an action for the wrongful act, omission,
or negligence if it had not caused death. (b) The action shall not abate by the death of the
defendant, but may be revived against his or her personal representative and may be maintained
though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful
act, omission, or negligence. (c) The damages recovered are not subject to the payment of
the debts or liabilities of the testator or...
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6-5-466
Section 6-5-466 Revival in case of death of one or more defendants jointly sued. (a) The death
of one or more defendants jointly sued does not, as to the defendant dying, abate a claim
upon which an action has been filed if the claim survives; but such a claim may be revived
against the proper representative of such defendant and such representative and the surviving
defendant or defendants may be proceeded against jointly or severally, at the election of
the plaintiff. (b) Under this section, the judgment entered must be several, but against a
personal representative, if he objects, judgment must not be entered until after the expiration
of six months from the grant of letters testamentary or of administration. (c) Under this
section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all,
except as to costs; but if requested, the plaintiff must assign, without recourse on him,
the judgment against a principal debtor to the party from whom satisfaction is...
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6-6-141
Section 6-6-141 Filing of complaint in actions begun by attachment - Issuance and service of
summons; default judgment. (a) Whenever a complaint is filed in an action begun by attachment,
whether at the time of suing out the attachment or subsequently thereto, a summons shall issue
upon the complaint in all respects, and with the same effect as if the action had been begun
by complaint. The issuance and service of such a summons shall in no manner affect the levy
or lien of the attachment or the enforcement thereof. (b) If the defendant appears and pleads,
the case proceeds as in actions commenced by complaint. If he fails to appear or, appearing,
fails to plead within the time required by law, the plaintiff may take judgment by default,
and the court may determine the amount of damages pursuant to the Alabama Rules of Civil Procedure,
if necessary. (Code 1852, §2572; Code 1867, §3000; Code 1876, §3325; Code 1886, §2996;
Code 1896, §562; Code 1907, §§2962, 2963; Code 1923,...
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