6-5-411
Section 6-5-411 Injuries to decedent's property resulting from wrongful act, etc., causing
death. (a) The personal representative of a deceased person may commence an action in a court
of competent jurisdiction within the State of Alabama, and not elsewhere, and recover such
damages as the jury may assess for injuries or damages to the property of the decedent resulting
from the same wrongful act, omission, or negligence which caused the death of the decedent,
provided the decedent could have commenced such action if the wrongful act, omission, or negligence
causing the property damage had not also caused his death. (b) Such action may be commenced
though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful
act, omission, or negligence; and it shall not abate by the death of the defendant, but may
be revived against his personal representative. (c) The damages recovered are not subject
to the payment of the debts or liabilities of the decedent, but...
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6-5-548
Section 6-5-548 Burden of proof; reasonable care as similarly situated health care provider;
no evidence admitted of medical liability insurance. (a) In any action for injury or damages
or wrongful death, whether in contract or in tort, against a health care provider for breach
of the standard of care, the plaintiff shall have the burden of proving by substantial evidence
that the health care provider failed to exercise such reasonable care, skill, and diligence
as other similarly situated health care providers in the same general line of practice ordinarily
have and exercise in a like case. (b) Notwithstanding any provision of the Alabama Rules of
Evidence to the contrary, if the health care provider whose breach of the standard of care
is claimed to have created the cause of action is not certified by an appropriate American
board as being a specialist, is not trained and experienced in a medical specialty, or does
not hold himself or herself out as a specialist, a "similarly...
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6-6-257
Section 6-6-257 Assessment of value and damages and judgment - Dismissal of action. When the
property sued for is in the possession of the plaintiff and the action is dismissed, the court
shall cause a jury to assess the alternate value of the property and also the value of the
hire or use thereof during the time it was in the possession of the plaintiff and shall enter
judgment for the defendant for the recovery of the property, or its alternate value, and damages
for the use or hire thereof. (Code 1896, §1482; Code 1907, §3788; Code 1923, §7399; Code
1940, T. 7, §928.)...
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12-13-48
Section 12-13-48 Payment to probate judge of money due on decree upon settlement by executor,
administrator, etc.; duty of judge as to payment of money to person entitled thereto and liability
for failure to perform duty. Money due on decrees for the payment of money rendered against
any executor, administrator or guardian on a partial or final settlement may be paid to the
probate judge, and it shall be his duty to pay over the same to the person entitled thereto
on demand upon proper proof of identity or authority; and, for failure to do so, he shall
incur a penalty in favor of the person entitled to the money of 10 percent damages, which,
together with the money received and interest thereon, may be recovered by civil action on
his bond. (Code 1867, §793; Code 1876, §699; Code 1886, §792; Code 1896, §3369; Code 1907,
§5427; Code 1923, §9588; Code 1940, T. 13, §293.)...
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18-1A-54
Section 18-1A-54 Proceeding or action to recover damages caused by entry; payment of damages.
(a) A condemnor is liable for physical injury to, and for substantial interference with possession
or use of, property caused by his entry and activities upon the property. This liability may
be enforced in a subsequent condemnation proceeding filed within the period specified as a
retention period in Section 18-1A-52 or, if no such proceeding is filed within such period
of time, by civil action with the right of trial by jury on demand of either party. (b) If
funds are on deposit under Section 18-1A-52 or 18-1A-53, the owner or other person entitled
to damages under subsection (a) may apply to the circuit court for payment of his damages
from such funds. If the amount on deposit is insufficient to pay the full amount, the circuit
court shall enter judgment against the condemnor for the unpaid portion. (Acts 1985, No. 85-548,
p. 802, §305.)...
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2-8-154
Section 2-8-154 Application for certification and approval to conduct referendum - Action by
board on application. Upon the filing of an application with the State Board of Agriculture
and Industries by any nonprofit association of owners or others in possession of hens, as
authorized under Section 2-8-153, the said board shall within 30 days thereafter meet and
consider such application. If it is shown by the applicant to the satisfaction of the board
that the applicant is fairly representative of egg producers of this state and the board shall
otherwise find and determine that such application is in conformity with the provisions and
purposes of this article, the board shall certify such association as the duly delegated and
authorized group or organization and shall likewise certify that such organization is duly
authorized to conduct a referendum among egg producers of this state for the purpose set forth
in its application, which shall be consistent with the purposes of this...
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3-5-9
Section 3-5-9 Proceedings and entry of judgment discharging livestock or animal, etc., where
same adjudged not unlawfully at large. If on the trial of any action or proceeding brought
under this chapter it is ascertained and adjudged by the judge of the district court that
the livestock or animal taken up by the party complaining was not unlawfully at large upon
the premises of another or upon the public lands, highways, roads or streets in the State
of Alabama, he shall enter a judgment directing that such livestock or animal be discharged
and taxing the party complaining with all the costs. (Acts 1939, No. 368, p. 487; Code 1940,
T. 3, §85.)...
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43-2-848
Section 43-2-848 Compensation of personal representative. (a) A personal representative is
entitled to reasonable compensation for services as may appear to the court to be fair considering
such factors that may include, but are not limited to, the novelty and difficulty of the administrative
process, the skill requisite to perform the service, the likelihood that the acceptance of
the particular employment will preclude other employment, the fee customarily charged in the
locality for similar services, the amount involved and the results obtained, the requirements
imposed by the circumstances and condition of the estate, the nature and length of the professional
relationship with the decedent, the experience, reputation, diligence, and ability of the
person performing the services, the liability, financial or otherwise, of the personal representative,
or the risk and responsibility involved, which shall not exceed two and one-half percent of
the value of all property received and...
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6-5-184
Section 6-5-184 Libel or slander - Mitigation of damages - Retraction. The defendant in an
action of slander or libel may prove under a general denial in mitigation of damages that
the charge was made in good faith by mistake or through inadvertence or misapprehension, and
that he has retracted the charge in the same medium of publication as the charge was originally
promulgated and in a prominent position therein. (Code 1852, §2221; Code 1867, §2623; Code
1876, §2972; Code 1886, §2728; Code 1896, §1441; Code 1907, §3749; Code 1923, §7360;
Code 1940, T. 7, §913.)...
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6-6-370
Section 6-6-370 "Garnishment" defined. A "garnishment," as employed in
this article, is process to reach and subject money or effects of a defendant in attachment,
in a judgment or in a pending action commenced in the ordinary form in the possession or under
the control of a third person, or debts owing such defendant or liabilities to him on contracts
for the delivery of personal property, on contracts for the payment of money which may be
discharged by the delivery of personal property or on contracts payable in personal property;
and such third person is called the garnishee. (Code 1886, §2994; Code 1896, §2171; Code
1907, §4300; Code 1923, §8051; Code 1940, T. 7, §995.)...
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