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17-16-56
Section 17-16-56 Contest of election of judge of probate court and other county and municipal
officers - Generally. If the contest is of an election to the office of judge of the probate
court, sheriff, tax assessor, tax collector, county treasurer, clerk of the circuit court,
or any other office filled by the vote of a single county or any subdivision thereof, or any
office of a city or town not in this article otherwise provided for, the party contesting
must file in the office of the clerk of the circuit court of the county in which the election
was held, a statement in writing, verified by affidavit, of the grounds of the contest as
provided in this article and must give good and sufficient security for the costs of the contest,
to be approved by the clerk. On the filing of the statement and the giving of the security,
the clerk must enter the contest on the trial docket as a civil action pending in the court
for trial, and, after having made such entry, the clerk must issue a...
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35-11-112
Section 35-11-112 Joinder of persons having liens on same property. (a) Persons having liens
under the provisions of this division, on the same property, may join in the same action for
the enforcement of their respective liens; and when there is such joinder, the court or jury
trying the action must ascertain the amount due to each of the plaintiffs secured by the lien,
and judgment must be rendered accordingly; but the failure of one or more of the plaintiffs
to establish his or their liens shall not defeat a recovery by the others. The proceeds of
the sale of the property levied on, if not sufficient to satisfy the demands of all the plaintiffs,
shall be distributed, after payment of the costs, pro rata among them. (b) When persons having
such liens on the same property refuse, after notice in writing, to join in such action, the
persons giving the notice may proceed without them on making affidavit of the fact of such
notice and refusal; and notice of the levy of the attachment...
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35-9-41
Section 35-9-41 Right of subtenant to require attachment against tenant in chief. The subtenant
may notify the superior landlord, or his assignee, of the existence of any one of the several
causes authorizing the issue of an attachment against the crop of the tenant in chief and
if such notice is given, and an affidavit is made by the subtenant before an officer authorized
by law to administer oaths, setting forth the existence of any one of such causes, and is
served by the subtenant, in person, or by his agent, on such landlord, or his assignee, at
the time the notice is given, and the landlord, or his assignee, fails or refuses to proceed
within a reasonable time thereafter against the crop of the tenant in chief, he thereby loses
his right to proceed against the crop of the subtenant for any deficiency in the crop of the
tenant in chief to satisfy his claim, insofar as that deficiency resulted from such failure
or refusal to proceed. (Code 1876, §3477; Code 1886, §3067; Code...
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40-22-2
Section 40-22-2 Mortgages, deeds of trust, etc., generally. No mortgage, deed of trust, contract
of conditional sale, or other instrument of like character which is given to secure the payment
of any debt which conveys any real or personal property situated within this state or any
interest therein or any security agreement or financing statement provided for by the Uniform
Commercial Code, except a security agreement or a financing statement relating solely to security
interests in accounts, contract rights, or general intangibles, as such terms are defined
in the Uniform Commercial Code, and except for the re-recordation of corrected mortgages,
deeds, or instruments executed for the purpose of perfecting the title to real or personal
property, specifically, but not limited to, corrections of maturity dates thereof, shall be
received for record or for filing in the office of any probate judge of this state unless
the following privilege or license taxes shall have been paid upon such...
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13A-8-142
Section 13A-8-142 Written demand for return of leased property; form of notice. For the purposes
of Section 13A-8-141 of this article: (1) A written demand for the return of leased property
may be made by personally delivering a copy thereof to the lessee; such demand may also be
delivered to a lessee by certified United States mail, directed to lessee at his address shown
on the rental contract, and the return receipt shall be deemed sufficient evidence that the
demand was received by the lessee, on the date shown on the receipt. (2) The form of notice
to be given under subdivision (1) of Section 13A-8-141 shall be sufficient if substantially
as follows: "This statutory notice is provided pursuant to Section _____ of the Code
of Alabama. You are hereby notified that the name or address given by you, as lessee, and
appearing on the rental contract dated _____, wherein _____ is the lessor, was fictitious
or false. Pursuant to Alabama law you have seven (7) days from receipt of this...
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17-16-51
Section 17-16-51 Contest of senator or representative in Legislature - Testimony. The testimony
in the case of a contest provided for in Section 17-16-50 must be taken by deposition under
commission issued by the clerk of the court where the statement of contest is filed, which
commission must issue upon the party applying for the same making and filing an affidavit
stating the name of the witnesses, the place of residence of such witnesses, and that the
testimony sought and expected is material. The depositions must be taken on interrogatories
filed in the office of the clerk after making and filing the affidavit and of the interrogatories
and affidavit and the names and residence of the commissioner or commissioners proposed to
be appointed, 10 days' notice must be given the adverse party by service on him or her personally
or by leaving at his or her usual place of residence or business a copy of the interrogatories
and affidavit, to which must be appended notice of the name and...
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34-4-29
Section 34-4-29 Revocation or suspension - Procedure generally; grounds; notice and hearing
required before denial, suspension, or revocation; administrative fines. (a) The board may
revoke or suspend licenses as provided in this section. (b) The board may, upon its own motion,
and shall, upon the verified complaint in writing of any person containing evidence, documentary
or otherwise, that makes out a prima facie case, investigate the actions of any auctioneer,
apprentice auctioneer, or any person who assumes to act in either capacity, and hold a hearing
on the complaint. (c) The board may suspend or revoke any license which has been issued based
on false or fraudulent representations. The board may also suspend or revoke the license of
any licensee for any of the following acts: (1) Making any substantial misrepresentation.
(2) Pursuing a continued and flagrant course of misrepresentation or making false promises
through agents, advertising, or otherwise. (3) Accepting valuable...
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45-49-233.01
Section 45-49-233.01 Fees for services. (a) The Sheriff of Mobile County shall be entitled
to receive the following fees for the services as listed below in civil and criminal cases:
SERVICE FEE (1) Levying attachment. $25 (2) Summoning garnishee and making return. $10 (3)
Garnishment notice to defendant. $10 (4) Serving summons and other mesne process, except subpoenas
for witnesses, and returning same. $10 (5) Summoning each witness and returning subpoenas.
$ 5 (6) Executing a writ of possession. $25 (7) Making a deed to real estate sold. $25 (8)
Serving summons and making returns in cases of forcible entry and detainer. $25 (9) Executing
writs of restitution in such cases. $25 (10) Collecting execution for cost only. $25 (11)
Serving subpoenas on bill in chancery proceedings and returning the same, for each defendant.
$25 (12) Serving any court summons not herein provided for and making return. $10 (13) Serving
attachment for contempt of court or rule to show cause. $10 (14) Taking...
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8-9-2
Section 8-9-2 Certain agreements void unless in writing. In the following cases, every agreement
is void unless such agreement or some note or memorandum thereof expressing the consideration
is in writing and subscribed by the party to be charged therewith or some other person by
him thereunto lawfully authorized in writing: (1) Every agreement which, by its terms, is
not to be performed within one year from the making thereof; (2) Every special promise by
an executor or administrator to answer damages out of his own estate; (3) Every special promise
to answer for the debt, default or miscarriage of another; (4) Every agreement, promise or
undertaking made upon consideration of marriage, except mutual promises to marry; (5) Every
contract for the sale of lands, tenements or hereditaments, or of any interest therein, except
leases for a term not longer than one year, unless the purchase money, or a portion thereof
is paid and the purchaser is put in possession of the land by the seller;...
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12-21-180
Section 12-21-180 Subpoenas for witnesses. (a) At the request of any party to a pending case,
or the attorney of a party, the clerk of the court must issue subpoenas for witnesses, whose
addresses shall be given by the person requesting the subpoena, specifying therein the time
and place for their appearance, the title of the case and the party at whose instance they
are summoned and commanding them to appear in conformity therewith and give testimony. (b)
No subpoena shall issue for a witness residing more than 100 miles from the place of trial,
computed by the route usually traveled, unless the person requesting the subpoena makes affidavit
that the personal attendance of the witness is necessary to a proper decision of the case
and that the deposition of the witness would be insufficient for that purpose, and the fact
that such affidavit has been made must be endorsed by the clerk upon the subpoena. (c) A subpoena
issued under this section shall be directed "To any sheriff of the...
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