12-20-29
Section 12-20-29 Substitution of lost, etc., papers or records in civil cases - How made -
After determination of action or proceeding. If, after the determination of any civil action
or proceeding, the original papers, or any part thereof pertaining thereto, which are not
of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such
papers should be lost, mislaid, destroyed or mutilated or if the record of any judgment or
decree of any judicial proceeding or quasi-judicial proceeding, or any part thereof, should
be lost, mislaid, destroyed or mutilated, any party in interest may, on application in writing,
stating the facts, accompanied with the substitute proposed of such lost, mislaid, destroyed
or mutilated paper or record, verified by affidavit, obtain an order of substitution. If the
adverse party is of full age, of sound mind and a resident of the state, notice of the application
and a copy thereof, accompanied with a copy of the proposed...
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12-20-1
Section 12-20-1 Costs and fees of substitution. The cost of any proceedings for substitution
under any of the provisions of this chapter shall be paid by the party applying for such substitution
if there is no defense; and, if a defense is interposed, the costs are to be paid by the unsuccessful
party; but in no case shall any officer be entitled to any fees in such proceedings if the
loss or destruction of the paper or instrument sought to be substituted was caused by his
neglect or fault. (Code 1867, §650; Code 1876, §557; Code 1886, §662; Code 1896, §2651;
Code 1907, §5743; Code 1923, §10136; Code 1940, T. 7, §12.)...
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35-4-98
Section 35-4-98 When conditional sales contract received in evidence. Such a conditional sales
contract, when the execution thereof has been acknowledged or proved before an officer having
authority to take and certify the acknowledgment of conveyances and when such contract has
been duly recorded, must be received in evidence without other proof of execution; and, if
the original of such contract is lost or destroyed, or the party offering in evidence a certified
transcript has not the custody or control thereof, a certified transcript from the record
thereof must be received in evidence without other proof of the execution of the original.
(Code 1886, §1822; Code 1896, §1018; Code 1907, §3395; Code 1923, §6899; Code 1940, T.
47, §132.)...
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12-20-25
Section 12-20-25 Taking file in pending action from office of clerk, etc. The file pertaining
to a pending action shall not be taken from the office of the clerk, register or probate judge
except by an attorney of record of a party to the action upon a receipt in writing signed
by such attorney, stating the number and title of the case and the papers contained in the
file. If any of such papers are lost, mislaid, destroyed or mutilated before a return of the
file and a surrender of the receipt, the costs of substituting them must be paid by the attorney
taking them. (Code 1876, §§562, 565; Code 1886, §654; Code 1896, §2646; Code 1907, §5738;
Code 1923, §10131; Code 1940, T. 7, §7.)...
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12-20-50
Section 12-20-50 Establishment or restoration of lost, etc., records of state, county, or municipality.
The circuit courts of this state shall have jurisdiction of an action by the state, a county
or municipality or any citizen who will give security for the costs of the proceeding to establish
or restore any lost, mislaid, destroyed or mutilated records of the state, county or municipality,
or of any department, agency or instrumentality thereof. Such courts shall have jurisdiction
and power to prescribe all necessary rules, regulations and proceedings proper or necessary
to establish or restore lost, mislaid, destroyed or mutilated records and, when so established
or restored, to declare them to be the proper and legal records as the original which was
so lost, mislaid, destroyed or mutilated. The proceedings shall be ex parte, and any citizen
of the state who will give security for the costs of the appeal may appeal from the order,
judgment or decision of the circuit court...
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27-7-22
Section 27-7-22 Licenses - Return for cancellation; affidavit in lieu thereof. (a) All licenses
issued under this chapter, though issued to a licensee, at all times are the property of the
State of Alabama, and upon notice of any suspension, revocation, refusal to renew, expiration,
or other termination of the license, the licensee, or other person having possession or custody
thereof, shall promptly deliver the license to the commissioner for cancellation. (b) As to
any license lost, stolen, or destroyed while in the possession of any such licensee or person,
the commissioner may accept in lieu of return of the license the affidavit of the licensee
or other person responsible for, or involved in, the safekeeping of, such license concerning
the facts of such loss, theft, or destruction. (Acts 1971, No. 407, p. 707, §154.)...
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27-9-7
Section 27-9-7 License - Return to commissioner; affidavit in lieu thereof. Repealed by Act
2011-637, §3, effective January 1, 2012. (a) All licenses issued under this chapter, although
issued and delivered to the licensee, shall at all times be the property of the State of Alabama.
Upon any expiration, termination, suspension, or revocation of the license, the licensee,
or other person having possession or custody of the license, shall forthwith deliver it to
the commissioner either by personal delivery or by mail. (b) As to any license lost, stolen
or destroyed while in the possession of any such licensee or person, the commissioner may
accept in lieu of return of the license the affidavit of the licensee or other person responsible
for, or involved in, the safekeeping of such license concerning the facts of such loss, theft,
or destruction. (Acts 1971, No. 407, p. 707, §190.)...
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34-24-161
Section 34-24-161 Examinations; issuance and replacement of license; identification of office.
(a) Each applicant, who matriculated into a chiropractic college after January 1, 1973, must
pass parts one and two of the examination administered by the National Board of Chiropractic
Examiners or other national examination as approved by the board. In addition, each applicant
must pass an examination administered by the board on this article and the rules of the board.
(b) The State Board of Chiropractic Examiners shall prescribe rules and regulations regarding
which national examination shall be administered, the conduct of and times and places of examinations,
and requirements for successful completion of examinations. A license shall be issued for
each applicant who successfully completes the examination. (c) Irrespective of the requirements
in subsections (a) and (b), the board may license an applicant if the applicant is licensed
in another state that, in the opinion of the board, has...
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6-6-390
Section 6-6-390 When process of garnishment obtainable. The plaintiff in any pending action
for the recovery of money or the plaintiff or assignee in any judgment on which execution
can issue may obtain process of garnishment as defined in Section 6-6-370; provided, that
no garnishment shall issue prior to a final judgment, pursuant to this section and Sections
6-6-291 through 6-6-294, unless there is a showing that such garnishment is necessary because
of extraordinary circumstances. (Code 1852, §2471; Code 1867, §2892; Code 1876, §§3218,
3219; Code 1886, §§2968, 2971; Code 1896, §2172; Code 1907, §4301; Code 1923, §8052;
Code 1940, T. 7, §996; Acts 1951, No. 916, p. 1568.)...
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7-2-722
Section 7-2-722 Who can sue third parties for injury to goods. Where a third party so deals
with goods which have been identified to a contract for sale as to cause actionable injury
to a party to that contract: (a) A right of action against the third party is in either party
to the contract for sale who has title to or a security interest or a special property or
an insurable interest in the goods; and if the goods have been destroyed or converted a right
of action is also in the party who either bore the risk of loss under the contract for sale
or has since the injury assumed that risk as against the other; (b) If at the time of the
injury the party plaintiff did not bear the risk of loss as against the other party to the
contract for sale and there is no arrangement between them for disposition of the recovery,
his suit or settlement is, subject to his own interest, as a fiduciary for the other party
to the contract; (c) Either party may with the consent of the other sue for the...
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