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40-10-197
Section 40-10-197 Action to foreclose the right to redeem and quiet title; notice requirements;
effect of foreclosure; deed; expiration of certificate. (a) At any time not less than three
years after the auction or sale of a tax lien but not later than 10 years after the auction
or sale, if the tax lien is not redeemed, the holder of the tax lien certificate may bring
in the circuit court of the county in which the property is located an action to foreclose
the right to redeem and quiet title to the property in the name of the holder of the tax lien
certificate. If any applicable law or court order prohibits bringing an action to foreclose
the right to redeem and quiet title to the property, the limitation provided in this section
shall be extended 12 months following the termination of the prohibition. (b)(1) At least
30 days before filing a tax lien foreclosure action under this article, but not more than
180 days before the action is commenced, the holder of the tax lien certificate...
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43-2-236
Section 43-2-236 Revocation of letters upon proof that supposed decedent is alive - Substitution
of parties; reopening judgments. After revocation of the letters, the person erroneously supposed
to be dead, may, on suggestion filed of record of the proper fact, be substituted as plaintiff
in all actions brought by the administrator, whether prosecuted to judgment or otherwise.
He may in all actions previously brought against his administrator be substituted as defendant
on proper suggestion filed by him, or by the plaintiff therein, but shall not be compelled
to go to trial in less than three months from the time of such suggestion filed. Judgments
recovered against the administrator before revocation, as aforesaid, of the letters may be
reopened on application by the supposed decedent made within three months from the said revocation
and supported by affidavit denying specifically on the knowledge of the affiant the cause
of action or specifically alleging the existence of facts which...
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6-6-392
Section 6-6-392 Bond required when garnishment in aid of pending action; exception as to Superintendent
of Banks. When the garnishment is in aid of a pending action, the plaintiff, his agent or
attorney must also give bond in double the amount claimed in the action, with sufficient surety,
to be approved by the officer issuing the writ, with condition that the plaintiff will prosecute
the garnishment to effect and pay the defendant all such damages as he may sustain from the
wrongful or vexatious suing out of such garnishment; and such bond, as to actions thereon,
is subject to the provisions of this code relating to actions on attachment bonds; provided,
however, that the Superintendent of Banks of the State of Alabama shall not be required to
give bond when garnishment is issued in aid of a pending action, which action is based on
a promissory note owned by a bank in the process of liquidation. Such Superintendent of Banks
or the liquidating agent of such bank in liquidation shall,...
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12-21-111
Section 12-21-111 Verified itemized statement as evidence of account's correctness. In all
actions upon accounts, an itemized statement of the account, verified by the affidavit of
a competent witness, taken before and certified by, a notary public or any officer having
authority under the laws of this or another state to take and certify affidavits, is competent
evidence of the correctness of the account if the plaintiff, at the time of bringing his action,
files with his complaint such verified itemized statement and endorses on the complaint the
fact that the account is verified by affidavit. Unless the defendant, within the time allowed
him for pleading, files in the case an affidavit denying on information and belief the correctness
of the account, which affidavit of the defendant shall state whether or not the defendant
denies liability and whether or not he disputes the whole account or only a part or parts
or an item or items thereof (if defendant disputes only a part or parts...
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12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified interpreter
provided in certain criminal and juvenile proceedings; requirements; fees. (a) Deaf person
means any person either totally deaf, or who has defective hearing, or who has both defective
hearing and speech. (b) For the purpose of this section, the term qualified interpreter means
an interpreter certified by the National Registry of Interpreters for the Deaf, Alabama Registry
of Interpreters for the Deaf, or, in the event an interpreter so certified is not available,
an interpreter whose qualifications are otherwise determined. Efforts to obtain the services
of a qualified interpreter certified with a legal skills certificate or a comprehensive skills
certificate will be made prior to accepting services of an interpreter with lesser certification.
No qualified interpreter shall be appointed unless the appointing authority and the deaf person
make a preliminary determination that the...
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6-5-160.4
Section 6-5-160.4 Violation, suspension, cancellation of abatement order. (a) A violation of
any court order issued pursuant to this division is punishable as a contempt of court by a
fine of not less than five hundred dollars ($500) nor more than thirty thousand dollars ($30,000),
or by imprisonment for not more than one year, or both. At least one-half of all fines collected
as punishment for contempt shall be paid into the general fund of the county if the action
against the defendant was commenced by the county governing body or a county government agency.
Evidence concerning the duration and repetitive nature of the violations shall be considered
by the court in determining the penalty for contempt. (b) Upon finding that a defendant has
willfully violated an order issued pursuant to this division, the court may issue any additional
orders necessary to abate the nuisance or to carry out the punishment for contempt. (c) The
court may suspend the effectiveness of an order of...
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6-5-4
Section 6-5-4 Recovery of public moneys, funds or property. (a) The Governor may cause actions
to be commenced for the recovery of any public moneys, funds, or property of the state or
of any county which have been lost by the neglect or default of any public officer, which
have been wrongfully expended or disbursed by such officer, which have been wrongfully used
by such officer, or which have been wrongfully received from him. (b) In the event any public
officer or agent of the state or any depositary or custodian of public funds or moneys has
wrongfully used such funds or moneys, actions for the recovery thereof may be commenced before
any court having jurisdiction of the subject matter; and it shall not be ground of objection
to such an action that either, any, or all of the parties defendant do not reside within the
county or within the district in which such action is commenced. (c) Such action may be commenced
in any court of competent jurisdiction; and such officer or agent,...
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6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000
to be paid by periodic payments over period of years; judgment to specify payment terms; requirement
to post security or provide evidence of insurance; future damages not to be reduced to present
value; attorney's fees; termination of periodic payments; contempt of court upon continuing
pattern of failure to make payments; modification of judgment; legislative intent. (a) In
any action for injury or damages whether in contract or in tort against a health care provider
based on a breach of the standard of care the damages assessed by the trier of fact shall
be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages. The trier
of fact shall not reduce any future damages to present value. If the trial court determines
that any one or more of the above categories is not recoverable in the action, that category
or categories shall be omitted from the itemization. (b)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-543.htm - 9K - Match Info - Similar pages
7-3-308
Section 7-3-308 Proof of signatures and status as holder in due course. (a) In an action with
respect to an instrument, the authenticity of, and authority to make, each signature on the
instrument is admitted unless specifically denied in the pleadings. If the validity of a signature
is denied in the pleadings, the burden of establishing validity is on the person claiming
validity, but the signature is presumed to be authentic and authorized unless the action is
to enforce the liability of the purported signer and the signer is dead or incompetent at
the time of trial of the issue of validity of the signature. If an action to enforce the instrument
is brought against a person as the undisclosed principal of a person who signed the instrument
as a party to the instrument, the plaintiff has the burden of establishing that the defendant
is liable on the instrument as a represented person under Section 7-3-402(a). (b) If the validity
of signatures is admitted or proved and there is...
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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
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