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11-43A-104
Section 11-43A-104 Effect of article on pending litigation. No action or proceeding, civil
or criminal, pending at the time of the adoption of the council-manager form of government
under this article, brought by or against the municipality or any office, department, board
or agency thereof, shall be affected or abated by the adoption of the council-manager form
of government under this article or by anything herein contained in this article. (Acts 1991,
No. 91-545, p. 973, §35.)...
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6-5-273
Section 6-5-273 Jurisdiction of courts. An action for recovery of damages and penalties under
this article may be brought in any court of competent jurisdiction, including the small claims
division of a district court in the county where the merchant is located, if the person or
the parent or legal guardian of the unemancipated minor who committed the theft offense fails
to make payment to the merchant of the amount specified in the demand within 30 days after
the date of service of the written demand upon him or her, if the total damages do not exceed
the jurisdictional limit of the small claims division. (Acts 1993, No. 93-676, §4.)...
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9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except as
provided in subsection (b) of this section, any person having an interest which is or may
be adversely affected, (or any citizen of this state having knowledge that any of the provisions
of this article are willfully or deliberately not being enforced and who files a statement
with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
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12-19-272
Section 12-19-272 Court to award fees and costs against attorney or party who brought action
without substantial justification; voluntary dismissal. (a) Except as otherwise provided in
this article, in any civil action commenced or appealed in any court of record in this state,
the court shall award, as part of its judgment and in addition to any other costs otherwise
assessed, reasonable attorneys' fees and costs against any attorney or party, or both, who
has brought a civil action, or asserted a claim therein, or interposed a defense, that a court
determines to be without substantial justification, either in whole or part; (b) When a court
determines reasonable attorneys' fees or costs should be assessed it shall assess the payment
thereof against the offending attorneys or parties, or both, and in its discretion may allocate
among them, as it determines most just, and may assess the full amount or any portion thereof
to any offending attorney or party; (c) The court shall assess...
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13A-9-76
Section 13A-9-76 Enforcement of provisions by injunction, cancellation of registration, etc.;
civil penalties. (a) In addition to any other remedy under this article, the Attorney General
of the State of Alabama, the district attorneys of the respective counties of the State of
Alabama, or an affected charitable organization may bring an action against a charitable organization,
professional fund raiser, professional solicitor, or commercial co-venturer, and any other
persons acting for or on their behalf to enjoin the charitable organization and other persons
from continuing the solicitation or collection of funds or property or engaging therein or
doing any acts in furtherance thereof; and to cancel any registration statement previously
filed with the Attorney General whenever the Attorney General or a district attorney shall
have reason to believe that the charitable organization is acting in the following manner:
(1) Operating in violation of the provisions of this article. (2)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-9-76.htm - 3K - Match Info - Similar pages
37-2-34
Section 37-2-34 Joint actions against connecting carriers. When goods, wares, merchandise or
other personal property are shipped to some point of delivery in this state over two or more
connecting lines of transportation companies, both or all of which are engaged in the business
of a transportation company in the State of Alabama, and such goods, wares and merchandise
or other personal property are lost, destroyed, or damaged because of unreasonable delay in
the delivery thereof or by the neglect of duty of any such transportation company or connecting
transportation companies, and the owner or consignee of such freight sustains injury or loss
thereby, and payment for such injury or loss or destruction is not made after notice to and
demand therefor of such connecting and delivering companies within 30 days thereafter, the
owner or consignee thereof may bring a civil action against such delivering and connecting
companies jointly; the action to be instituted in the county of delivery,...
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34-27-69
Section 34-27-69 Surety bond; suspension, etc., of license for violation of article; reinstatement;
relicensure; board must be notified of initiation, etc., of legal action. (a) Every applicant
for a license under this article, either original or renewal, shall furnish a surety bond
payable to the State of Alabama in the amount of $5,000 if a time-sharing salesman or $10,000
if a broker, with a surety company authorized to do business in Alabama, which bond shall
provide that the obligor therein will pay up to $5,000 or $10,000, respectively, the aggregate
sum of all judgments which may be recovered against such licensee for actual loss or damage
arising from his or her activities conducted under this article. Said bond shall be filed
with the Alabama Real Estate Commission prior to the issuance of such license. A new bond
or a renewal or continuation of the original bond shall be required for each licensing period.
If a continuous bond is filed with the commission prior to the...
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10A-2A-13.30
Section 10A-2A-13.30 Court action. (a) If a stockholder makes demand for payment under Section
10A-2A-13.26 which remains unsettled, the corporation shall commence a proceeding within 60
days after receiving the payment demand and petition the court to determine the fair value
of the stock and accrued interest. If the corporation does not commence the proceeding within
the 60-day period, it shall pay in cash to each stockholder the amount the stockholder demanded
pursuant to Section 10A-2A-13.26 plus interest. (b) The corporation shall commence the proceeding
in the designated court, and if none, the circuit court for the county in which the corporation's
principal office is located in this state, and if none in this state, in the circuit court
for the county in which the corporation's most recent registered office is located. (c) The
corporation shall make all stockholders (regardless of whether they are residents of this
state) whose demands remain unsettled parties to the proceeding...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2A-13.30.htm - 2K - Match Info - Similar pages
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-3-21
Section 13A-3-21 Basis for defense generally; injury to innocent person through negligence;
civil remedies. (a) Defense. Except as otherwise expressly provided, justification or excuse
under this article is a defense. (b) Danger to innocent persons. If a person is justified
or excused in using force against a person, but he recklessly or negligently injures or creates
a substantial injury to another person, the justifications afforded by this article are unavailable
in a prosecution for such recklessness or negligence. (c) Civil remedy unimpaired. Any justification
or excuse within the meaning of this article does not abolish or impair any civil remedy or
right of action which is otherwise available. (Acts 1977, No. 607, p. 812, §601.)...
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