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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)...
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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...
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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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