6-6-287
Section 6-6-287 Joinder of landlord as party defendant; continuation of action against tenant.
(a) When the land, the subject matter of the action, is in the possession of a tenant, the
landlord may be joined with the tenant as a party defendant. (b) When the action is against
a tenant, the landlord must be made a party to the action on motion of the tenant, or upon
the landlord's motion to intervene supported by his pleading showing, as a part thereof, that
the defendant is his tenant by demise in writing or is in the occupancy of the land sued for
with his consent, or of some portion thereof, which should be specified. When it appears to
the satisfaction of the court that the landlord is a nonresident, the action shall proceed
without delay against the tenant. (Code 1852, §2205; Code 1867, §2606; Code 1876, §2955;
Code 1886, §2700; Code 1896, §1534; Code 1907, §§3840, 3844; Code 1923, §§7454, 7458;
Code 1940, T. 7, §§939, 943.)...
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9-8-28
Section 9-8-28 Land-use regulations - Enforcement. Where the supervisors of any district shall
find that any of the provisions of land-use regulations prescribed in an ordinance adopted
in accordance with the provisions of Section 9-8-26 are not being observed on particular lands
and that such nonobservance tends to increase erosion on such lands and is interfering with
the prevention or control of erosion on other lands within the district, the supervisors may
present to the circuit court of the county in which the land of the defendant may lie, a complaint,
duly verified, setting forth the adoption of the ordinance prescribing land-use regulations,
the failure of the defendant landowner to observe such regulations and to perform particular
work, operations or avoidances as required thereby and that such nonobservance tends to increase
erosion on such lands and is interfering with the prevention or control of erosion on other
lands within the district and requesting the court to...
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6-3-2
Section 6-3-2 Venue of actions - Against individuals. (a) In proceedings of a legal nature
against individuals: (1) All actions for the recovery of land, of the possession thereof,
or for a trespass thereto must be commenced in the county where the land or a material part
thereof lies. (2) All actions on contracts, except as may be otherwise provided, must be commenced
in the county in which the defendant or one of the defendants resides if such defendant has
within the state a permanent residence. (3) All other personal actions, if the defendant or
one of the defendants has within the state a permanent residence, may be commenced in the
county of such residence or in the county in which the act or omission complained of may have
been done or may have occurred. (b) In proceedings of an equitable nature against individuals:
(1) All actions where real estate is the subject matter of the action, whether it is the exclusive
subject matter of the action or not, must be commenced in the...
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35-9A-461
Section 35-9A-461 Landlord's action for eviction, rent, monetary damages, or other relief.
(a) A landlord's action for eviction, rent, monetary damages, or other relief relating to
a tenancy subject to this chapter shall be governed by the Alabama Rules of Civil Procedure
and the Alabama Rules of Appellate Procedure except as modified by this chapter. (b) District
courts and circuit courts, according to their respective established jurisdictions, shall
have jurisdiction over eviction actions, and venue shall lie in the county in which the leased
property is located. Eviction actions shall be entitled to precedence in scheduling over all
other civil cases. (c) Service of process shall be made in accordance with the Alabama Rules
of Civil Procedure. However, if a sheriff, constable, or process server is unable to serve
the defendant personally, service may be had by delivering the notice to any person who is
sui juris residing on the premises, or if after reasonable effort no person is...
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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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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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6-6-286
Section 6-6-286 Proceedings upon defendant's suggestion of adverse possession. (a) When an
action is commenced to recover land or the possession thereof, the defendant may, at any time
before the trial, suggest upon the record that he, and those whose possession he has, have,
for three years next before the commencement of the action, had adverse possession thereof,
which must be construed to mean the same character of possession as will put in operation
the statute of limitations. In such case, if the jury finds for the plaintiff, it must also
ascertain by its verdict whether such suggestion is true or false. If the jury finds it to
be false, it must return a verdict for the damages as in ordinary cases. If the jury finds
it to be true, it must assess the value, at the time of trial, of the permanent improvements
made by the defendant, or those whose estate he has, and also ascertain by its verdict the
value of the lands and of the use and occupation thereof, not including the...
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6-6-290
Section 6-6-290 Effect of judgment by default. A judgment by default against a defendant is
an admission of title in the plaintiff, but to recover costs against the defendant, the plaintiff
must prove defendant's possession of the premises, or some part thereof, at the commencement
of the action. (Code 1852, §2218; Code 1867, §2619; Code 1876, §2968; Code 1886, §2708;
Code 1896, §1548; Code 1907, §3852; Code 1923, §7466; Code 1940, T. 7, §951.)...
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6-6-298
Section 6-6-298 Two judgments in defendant's favor bar further action. Two judgments in favor
of the defendant in an action of ejectment or in an action in the nature of an action of ejectment
between the same parties in which the same title is put in issue are a bar to any action for
the recovery of the land, or any part thereof, between the same parties or their privies founded
on the same title. (Code 1852, §2219; Code 1867, §2620; Code 1876, §2969; Code 1886, §2714;
Code 1896, §1554; Code 1907, §3858; Code 1923, §7474; Code 1940, T. 7, §959.)...
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35-9-38
Section 35-9-38 Failure or refusal of tenant to plant crop. In any case in which a tenant of
farm lands shall fail or refuse, without just cause or excuse, to prepare the land and plant
his crops, or a substantial portion of such crops to be grown as are usually planted by that
time, on or before March 20, he may, at the election of the landlord, be required to surrender
and vacate the rented premises, and upon making such election, and upon notice thereof to
the tenant, the landlord may proceed to recover possession of the rented premises by an action
of unlawful detainer. (Acts 1915, No. 709, p. 808; Code 1923, §8808; Acts 1931, No. 353,
p. 410; Code 1940, T. 31, §24.)...
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