40-10-75
Section 40-10-75 (Effective January 1, 2020) Right where sale proceedings were defective. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. In any action brought related to taxes delinquent
on or after January 1, 2020, the interest rate on any amounts awarded pursuant to this section
shall be eight percent. In any other action brought for the possession of land sold for taxes
delinquent before January 1, 2020, the title of the purchaser at the tax sale shall be defeated
on account of any defect in the proceedings under which the sale is had, or on account of
any defect in or insufficiency of the process by which the owner of the land was brought before
the probate court, as is provided, or in the service of the process, or by reason of the failure
of the judge of probate on account of any negligence or refusal on his or her part to produce
when called upon, sufficient evidence of the proper...
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9-11-58
Section 9-11-58 Licenses of nonresident live fish and minnow dealers; fees of issuing authorities;
disposition of fees. (a) Any nonresident person, firm or corporation who engages in the capturing,
purchasing, raising, propagating, breeding or acquisition or possession of live fish for the
purpose of stocking or restocking any fresh waters of this state or the purchasing, raising,
propagating, breeding or acquisition of minnows to be used as bait either in or outside this
state where any or all of the foregoing are to be sold for stocking purposes or resale shall,
before engaging in such activities, purchase an annual license from the state Department of
Conservation and Natural Resources, which license shall be effective from October 1 through
September 30, next following. Such licenses shall be as follows: Nonresident retail dealer
$200.00 Nonresident wholesale dealer $250.00 (b) All such license fees shall be paid to and
permits obtained from the judge of probate or license...
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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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45-36-80.05
Section 45-36-80.05 Jackson County Preservation of Justice Act. SECTION 4 OF ACT 2019-215 WAS
AMENDED BY ACT 2020-119 IN THE 2020 REGULAR SESSION, EFFECTIVE MAY 18, 2020. THIS IS NOT IN
THE CURRENT CODE SUPPLEMENT. (a) This section shall be known and cited as the Jackson County
Preservation of Justice Act. (b) The Legislature hereby finds and declares the following:
(1) The financial restraints existing in the State General Fund budget have resulted in a
shortfall to the Unified Judicial System that has caused the layoff of many judicial employees.
In Jackson County, three employees in the circuit clerk's office who were scheduled for layoff
have been temporarily retained with alternate funding other than funds appropriated to the
Unified Judicial System; however, this alternate funding cannot be relied upon in the future.
Revenue from this section will restore funding for some judicial employees in the circuit.
(2) This section addresses this problem by increasing court costs. (c) In...
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40-10-73
Section 40-10-73 Right of state or assignee to possession when lands are bid in for state;
redemption when lien is recorded. When the lands are bid in for the state at tax sales, the
state shall be entitled to possession of said lands immediately upon execution of the certificate
of sale by the judge of probate. If possession is not surrendered within six months from the
date of sale after demand therefor is made by the Land Commissioner in behalf of the state,
or if the certificate has been assigned by the assignee, then the Land Commissioner in the
name of the state or the assignee of the state, if the certificate has been assigned, may
maintain an action in ejectment or a statutory real action in the nature of ejectment or other
proper remedy for the recovery of the possession of the lands purchased at such sales and
shall be entitled to hold the possession thereof on recovery, subject, however, to all rights
of redemption provided for in this title. If the mortgage or other...
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6-6-282
Section 6-6-282 Actions by mortgagee, etc., against mortgagors, etc. If the action is by a
mortgagee or his assignee against the mortgagor, or anyone holding under him, the defendant
may plead payment of the mortgage debt or the performance of the condition of the mortgage,
or any matter which might be pleaded to a direct civil action for the recovery of the mortgage
debt, except the statute of limitations. The jury must pass upon such answers and must ascertain
the amount of the mortgage debt if any is found to exist. If the verdict is for the defendant,
judgment must be entered for him; but if the verdict ascertains an amount due on the mortgage
debt, judgment must be entered for the plaintiff for the possession of the land and the costs,
and the amount of the mortgage debt, as ascertained by the jury, must be stated in the judgment.
If, within 30 days after the entry of the judgment, the defendant shall pay to the plaintiff,
or to the clerk for his use, such debt, interest, and...
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45-8-22
Section 45-8-22 Special licenses; additional taxes; maintenance of records. (a) It shall be
unlawful for any person, firm, or corporation, other than the state Alcoholic Beverage Control
Board, to sell at retail in Calhoun County any spirituous or vinous liquors without first
obtaining a special license from the judge of probate that shall be in addition to all other
licenses required by law. The amount of the special license shall be determined by the county
commission and shall be levied in the same manner as other county licenses are levied. Licenses
required by this subsection shall expire on September 30th following the date of purchase.
All proceeds from sales of the special licenses shall be placed in the general fund of the
county. (b) In addition to all other taxes levied on the possession for sale, or the sale,
of alcoholic beverages in Alabama, a tax is levied on the possession for sale, or the sale
of, spirituous or vinous beverages in Calhoun County in an amount set by the...
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28-4-274
Section 28-4-274 Forfeiture and condemnation proceedings generally - Entry of judgment of dismissal
and return of liquors and beverages, etc., to place or person from which or from whom taken
generally. If the testimony produced on the hearing before the judge or upon such trial before
the judge or court shall fail to establish the complaint or that a ground existed for the
issuance of the warrant or that the liquors and beverages and vessels and receptacles were
kept, stored or deposited for the purpose of unlawful sale, distribution or delivery within
this state, judgment shall be entered dismissing such complaint and providing that such liquors
and beverages and the vessels and receptacles containing the same be returned to the place
from which or to the person from whom they were taken. (Acts 1909, No. 191, p. 63; Acts 1915,
No. 2, p. 8; Code 1923, §4759; Code 1940, T. 29, §228.)...
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28-4-273
Section 28-4-273 Forfeiture and condemnation proceedings generally - Conduct of hearing or
trial generally; entry of judgment of forfeiture and delivery of liquors and beverages to
Alcoholic Beverage Control Board generally; destruction of nonfederal tax-paid liquors and
beverages; disposition of funds paid into court by Alcoholic Beverage Control Board. If no
party appears to make a claim at the time specified in the notice or if no verified answer
controverting the allegations of the complaint and the grounds for issuance of the search
warrant is interposed, the judge shall proceed to hear the testimony in support thereof. If
it is established upon the hearing before said judge or upon the trial of the action, if issue
be joined, that the liquors so seized are kept, stored or deposited for the purpose of unlawful
sale or other disposition or for furnishing or distribution within this state or if it appears
that the complainant has established a ground for the issuance of such search...
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6-9-1
Section 6-9-1 Executions on judgments; forms thereof. The party in whose favor a judgment is
entered, whether for debt, damages, or costs, for the satisfaction thereof, may, within 10
years thereafter, have a writ of execution against the lands and goods of the party against
whom such judgment is entered. When the judgment is for specific property or the alternate
value, or for the possession of lands, appropriate writs of execution may issue for the satisfaction
thereof. Such writs of execution must substantially conform to the following forms: (Form
of Writ of Execution) The State of Alabama, ___ County. To any Sheriff of the State of Alabama:
You are hereby commanded that of the goods and chattels, lands, and tenements of _____, you
cause to be made the sum of _____ dollars, which _____ recovered of him on the _____ day of
_____, 2__, by the judgment of the circuit (or district) court, held for the County of _____,
besides _____ dollars, costs of the action; and have the same to...
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