45-44A-41.04
Section 45-44A-41.04 Abatement of nuisance. After final action has been taken by the governing
body on the overruling of any protests or objections with respect to any described piece of
property, or in case no protests or objections have been received, the City Council of the
City of Tuskegee, by motion or resolution, shall order the abatement of the nuisance by having
the weeds referred to removed, and all necessary employees of the City of Tuskegee are hereby
expressly authorized to enter upon private property for that purpose. Any property owner shall
have the right to have any such weeds removed at his or her own expense providing the same
is done prior to the arrival of the employees of the City of Tuskegee to do the same. (Act
79-229, p. 352, § 5.)...
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6-10-88
Section 6-10-88 Report of appraisers or commissioners - Hearing and determination on exceptions;
proceedings when exemption of personalty excessive or insufficient. (a) On the day fixed for
the hearing of such exceptions, an issue shall be made up under the direction of the court
and the same shall be tried as other issues in the court are tried, the party excepting being
the plaintiff on whom shall rest the burden of proof. On the hearing, the court may confirm
or set aside the report, as the right may appear. (b) But if the exceptions relate to the
exemption of personal property and are based on the ground that it is excessive or insufficient,
the court, if the exceptions are sustained, must not set aside the report, but shall ascertain
the amount of such excess or insufficiency and, if excessive, shall order the restoration
to the personal representative of property sufficient in value to cure the excess, describing
the same, and shall enforce such order by a writ of restitution;...
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6-5-147
Section 6-5-147 Closing place pending final decision - Order. (a) If on the hearing for a preliminary
injunction it shall appear that the person owning, in control, or in charge of the nuisance
so enjoined has received five days' notice of the hearing, then, unless such person shall
show to the satisfaction of the court or judge that the nuisance complained of has been abated,
the court or judge shall issue an order closing the place against its use for any purpose
until final decision shall be entered on the application for a permanent injunction. (b) Such
order shall also continue in effect for such further period the temporary restraining order
provided in Section 6-5-145 if already issued or, if not issued, shall include such an order
restraining for such period the removal or interference with the personal property and contents
located thereat or therein as provided, and such restraining order shall be served and the
inventory of such property shall be made and filed as provided...
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6-8-100
Section 6-8-100 Answer of tender; judgment thereon. An answer of tender of money or of a thing
in action must be accompanied by a delivery of the money or such thing in action to the clerk
of the court. If the tender is of ponderous articles or other personal property, the answer
must aver a readiness to deliver it to the plaintiff. Judgment for the defendant upon the
answer vests the title to the thing tendered in the plaintiff, subject to any claim the defendant
may have for his trouble in keeping it. (Code 1852, §§2245, 2246; Code 1867, §§2648, 2649;
Code 1876, §§2997, 2998; Code 1886, §2585; Code 1896, §3298; Code 1907, §5334; Code 1923,
§9473; Code 1940, T. 7, §228.)...
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6-9-160
Section 6-9-160 Restoration of property levied on to debtor upon executing bond; execution
on forfeiture of bond; exception. (a) When personal property is levied on by the sheriff,
if the defendant executes bond with sufficient surety in double the amount of the execution
payable to the plaintiff and conditioned to deliver the property levied on to the proper officer
by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must
restore the property to the defendant. (b) If the property is not delivered according to the
condition of the bond, the sheriff must return it forfeited within five days thereafter to
the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture
of the bond; and it is then the duty of the clerk or register, without delay, to issue execution
on the forfeited bond against all the obligors therein for the judgment and costs, upon which
no security of any kind can be taken, which he must endorse on the...
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8-12-18
Section 8-12-18 Remedies. (a) Any owner of a mark registered under this article may proceed
by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations
thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture,
use, display, or sale as may be by the court deemed just and reasonable, and may require the
defendants to pay to such owner all profits derived from, and/or all damages suffered by reason
of, such wrongful manufacture, use, display, or sale, and to pay the costs of the action.
In assessing profits, the owner shall be required to prove defendant's sales only; defendant
must prove all elements of cost or deduction claimed. The court may also order that any such
counterfeits or imitations in the possession or under the control of any defendant in such
case, be delivered to an officer of the court, or to the complainant, to be destroyed. (b)
In assessing damages the court may enter judgment, according to the...
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11-50-270
Section 11-50-270 Completion of sale pursuant to final determination of commission or court;
effect of failure of seller to tender deed, etc., or of board to accept deed, pay purchase
price, etc. The owner shall have 30 days after a final determination by the Public Service
Commission or the courts to notify the waterworks board of its acceptance of such determination
and shall have a further period of 30 days to tender a good and sufficient deed of conveyance
to the waterworks board of the property required by the order of the commission or the court
to be purchased by placing such deed in escrow with the commission or the court, as the case
may be, and to comply with all other terms and conditions of the order or judgment. The waterworks
board shall have 60 days from the date of the deposit of the deed in escrow to accept or reject
such deed and, if it accepts, the waterworks board shall have a further period of 60 days
to pay to the owner the price determined as provided in this...
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12-22-199
Section 12-22-199 Judgment for costs against petitioner when appeal unfavorable; payment thereof
into General Fund; liability for payment. In appeals taken under the provisions of this division,
if the judgment or order of the trial court is affirmed or disposed of otherwise unfavorably
to the defendant or petitioner, the Supreme Court or the Court of Criminal Appeals affirming
said judgment or order shall enter a judgment for costs against the defendant or petitioner,
including an amount equal to the fees of the court reporter paid by the state for transcribing
the evidence and the fees of the clerk incident to the appeal paid by the state. If said costs
are paid by defendant or petitioner, or by another in his behalf, such costs shall be paid
into the General Fund of the State of Alabama. If such costs are not presently paid by the
defendant or petitioner, or by another in his behalf, execution shall be issued by the trial
court upon said judgment against the defendant or petitioner;...
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15-5-14
Section 15-5-14 Disposition of taken property by court if property stolen or embezzled. When
the property is taken under a search warrant, it shall be delivered to the court issuing the
warrant. If the property was stolen or embezzled, the court shall cause it to be delivered
to the owner, on satisfactory proof of his title and the payment by him of all fees. If the
warrant was issued on the grounds specified in subdivisions (2) and (3) of Section 15-5-2,
the officer effecting the warrant must retain the property in his possession, subject to the
order of the court to which he is required to return the proceedings or of the court in which
the offense is triable in respect to which the property was taken. (Code 1852, §839; Code
1867, §4390; Code 1876, §4019; Code 1886, §4740; Code 1896, §5497; Code 1907, §7770;
Code 1923, §5484; Code 1940, T. 15, §113.)...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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