|
6-5-143
Section 6-5-143 Venue; filing of complaint; application for preliminary injunction. (a) Such
action shall be commenced in the circuit court of the county in which the property is located.
(b) At or before the commencement of the action, a verified copy of the complaint alleging
the facts constituting the nuisance shall be filed in the office of the probate judge of the
county, together with a notice of the pendency of the action, containing the name of the court,
the names of the parties, the object of the action, and a brief description of the property
affected thereby. The probate judge shall be paid the usual fee for recording such lis pendens
and shall immediately record such notice. (c) After the filing of the complaint, application
for a preliminary injunction may be made to the circuit court, a judge thereof or any judge
authorized by the laws of the state to make an order for a preliminary injunction, who shall
grant a hearing thereon within 10 days thereafter. (Acts 1919, No....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-143.htm - 1K - Match Info - Similar pages
11-51-154
Section 11-51-154 Bond to dissolve temporary injunctive relief - Execution; security; exception.
(a) When the court has granted a temporary restraining order or preliminary injunction, it
shall not be dissolved until the respondent has executed a bond in an amount fixed by the
court with sufficient surety to be approved by the register or clerk, containing a waiver
of exemptions as to personal property, conditioned to pay such judgment and lawful court costs
as the court upon final hearing may enter against the respondent, except as provided below.
(b) The surety bond required to be made in this section shall remain in full force and effect
as security for any judgment and court costs the court may enter and tax against the respondent,
but if the respondent takes an appeal and gives a supersedeas bond, upon affirmance of the
appeal, the surety bond provided by this section shall become null and void. (c) The respondent
shall not, however, be required to post the surety bond required in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-154.htm - 1K - Match Info - Similar pages
6-5-156
Section 6-5-156 Security bond. No security bond shall be required to issue a preliminary injunction
or temporary restraining order sought by the Attorney General, district attorney, or an attorney
appearing for the county or municipality. Otherwise, at the discretion of the court, a security
bond may be required to issue a preliminary injunction or temporary restraining order. Where
relief is issued after an evidentiary hearing at which witnesses are subject to cross examination,
the court shall not require a security bond in excess of one thousand dollars ($1,000). (Acts
1996, No. 96-566, p. 849, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-156.htm - 916 bytes - Match Info - Similar pages
6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-156.3.htm - 5K - Match Info - Similar pages
28-4-225
Section 28-4-225 Application for and issuance of writ directing seizure of prohibited liquors
and beverages, movable property, etc., used in connection with nuisance pending hearing of
action. If the petition shall request a writ of seizure authorizing the sheriff to seize all
prohibited liquors and beverages on the premises, together with all signs, screens, bars,
bottles, glasses and other movable property used in keeping and maintaining said nuisance,
the officer, or citizen or citizens filing the petition may, at the time they apply for a
preliminary injunction, make application to the judge who grants the preliminary injunction
or to the judge of the court in which the petition is or is to be filed or they may, at any
time pending the hearing, make such application to said judge for such writ of seizure, and
said writ may be ordered to issue when probable cause is shown, supported by oath or affirmation
for the issuance of said writ, that the officer or person making the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-225.htm - 2K - Match Info - Similar pages
9-17-18
Section 9-17-18 Injunctions - Appeals. In any civil action where the board, in the name of
the state, seeks enforcement of this article or of any rule, regulation or order issued under
this article, as provided in Section 9-17-17 or in any civil action where an interested party
seeks to test the validity of or enjoin the enforcement of this article or any rule, regulation
or order issued under this article as provided in Section 9-17-16, either party shall have
the right of an immediate appeal to the Supreme Court from any judgment or order therein granting
or refusing an injunction, whether temporary restraining order, preliminary injunction or
permanent injunction, or other character of injunctive relief, or from any order granting
or overruling a motion to dissolve such injunction. The manner of presenting any appeal as
provided for in this section shall be governed by the provisions of the rules and laws of
the State of Alabama regulating appeals in injunction proceedings. (Acts...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-17-18.htm - 1K - Match Info - Similar pages
11-51-151
Section 11-51-151 Notice and hearings; granting of injunctive relief. Upon the filing and presentation
of a petition as authorized in this division, it shall be the duty of the court to set a day
for the hearing of the action upon not less than 10 nor more than 15 days' notice thereof
to be given the respondents, the notice to be in such form as the court may direct, and at
such hearing, upon reasonable cause, to grant a temporary restraining order or preliminary
injunction restraining the respondents from further operation or conduct of the business,
occupation, trade, or profession, and no bond shall be required of the petitioner as a condition
thereto. The court shall not grant a temporary restraining order or preliminary injunction
unless it has reasonable cause to believe that the respondent owes a debt to the petitioner
for a privilege or business license or excise tax and that the petitioner has complied with
Section 11-51-150. The court shall, upon final hearing, if the proof...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-151.htm - 1K - Match Info - Similar pages
8-27-4
Section 8-27-4 Remedies for actual or threatened misappropriation; intentional remuneration
of a third party for misappropriation. (a) The remedies available for actual or threatened
misappropriation of a trade secret are: (1) To the extent that they are not duplicative: a.
Such injunctive and other equitable relief as may be appropriate with respect to any actual
or threatened misappropriation of a trade secret, b. Recovery of any profits and other benefits
conferred by the misappropriation that are attributable to the misappropriation (In establishing
the misappropriator's profits, the complainant is required to present proof only of the misappropriator's
gross revenue, and the misappropriator is required to present proof of his or her deductible
expenses and the elements of profit attributable to factors other than the trade secret.),
and c. The actual damages suffered as a result of the misappropriation; (2) Reasonable attorney's
fees to the prevailing party if: a. A claim of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-27-4.htm - 2K - Match Info - Similar pages
12-26-10
Section 12-26-10 Determination that petition filed under false pretenses, etc.; voiding of
order; revocation of order. (a) If a court makes a preliminary determination that a petition
for an order of limited relief was filed under false pretenses or supported by false evidence,
the court shall notify the petitioner, and the petitioner shall have 30 days to file a response
to the court's determination. After 30 days or the filing of the response, whether or not
the petitioner was able to be located, the court may order a hearing or enter an order revoking
the order. (b) Subsequent conviction of a Class A, B, or C felony shall void an order of limited
relief. (c) When an order is issued while the petitioner is on probation for the related offense,
the court may revoke the order upon a finding that the petitioner has violated the terms or
conditions of probation. (Act 2019-464, §10.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-26-10.htm - 1K - Match Info - Similar pages
2-27-62
Section 2-27-62 Penalty for violations of article; injunctions. (a) General penalty. Any person
who shall violate the provisions or requirements of this article, or rules and regulations
promulgated under this article, or who engages in the custom application of pesticides without
having a license therefor or who shall fail or refuse to perform any duty or requirement imposed
by the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall
be fined not less than $25.00 nor more than $500.00 and, within the discretion of the court,
may also be imprisoned for a term not to exceed six months. (b) Remedy by injunction. In addition
to the penalty prescribed in subsection (a) of this section and notwithstanding the existence
of an adequate legal remedy, the circuit court, or any judge thereof, shall have jurisdiction
and for cause shown and upon a hearing to grant a temporary restraining order or a preliminary
or permanent injunction, or all, restraining and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-27-62.htm - 2K - Match Info - Similar pages
|