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43-2-45
Section 43-2-45 Letters not granted until five days after intestate's death; examination of
applicants and witnesses. No letters of administration must be granted until the expiration
of five days after the death of the intestate is known; and the court may, in all cases, examine
the persons applying therefor, on oath, touching the time and place of the death of the intestate
and as to whether or not he left any will and other matters necessary to give the court jurisdiction;
and may also examine any other witnesses as to the same facts and may compel their attendance
for that purpose by subpoena and attachment. (Code 1852, §1675; Code 1867, §1993; Code 1876,
§2357; Code 1886, §2019; Code 1896, §61; Code 1907, §2525; Code 1923, §5747; Code 1940,
T. 61, §86.)...
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6-6-81
Section 6-6-81 Notice of levy - Nonresident defendant. When an attachment is sued out against
a nonresident of the state, the writ shall be returned to the clerk of the court as soon as
levied upon the property of the defendant, and thereupon the clerk shall cause a notice of
the attachment and levy on the defendant's property to be advertised once a week for three
successive weeks in some newspaper of general circulation in the county in which the property
is found, a copy of which must be sent by mail to the defendant if his residence is known
or can be ascertained; and, when such publication is perfected, the case shall stand for trial
at any time after the expiration of 30 days thereafter. (Code 1852, §2510; Code 1867, §2934;
Code 1876, §3259; Code 1886, §2936; Code 1896, §531; Code 1907, §2931; Code 1923, §6179;
Code 1940, T. 7, §852.)...
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27-15-28.1
Section 27-15-28.1 Standard nonforfeiture law for individual deferred annuities - Annuity contracts
issued by election under this section until June 30, 2006. (a) This section shall be known
as the standard nonforfeiture law for individual deferred annuities. (b) This section shall
not apply to any reinsurance group annuity purchased under a retirement plan or plan of deferred
compensation established or maintained by an employer (including a partnership or sole proprietorship)
or by an employee organization, or by both, other than a plan providing individual retirement
accounts or individual retirement annuities under Section 408 of the Internal Revenue Code,
as now or hereafter amended, premium deposit fund, variable annuity, investment annuity, immediate
annuity, any deferred annuity contract after annuity payments have commenced or reversionary
annuity, nor to any contract which shall be delivered outside this state through an agent
or other representative of the company issuing...
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7-2-709
Section 7-2-709 Action for the price. (1) When the buyer fails to pay the price as it becomes
due the seller may recover, together with any incidental damages under Section 7-2-710, the
price: (a) Of goods accepted or of conforming goods lost or damaged within a commercially
reasonable time after risk of their loss has passed to the buyer; and (b) Of goods identified
to the contract if the seller is unable after reasonable effort to resell them at a reasonable
price or the circumstances reasonably indicate that such effort will be unavailing. (2) Where
the seller sues for the price he must hold for the buyer any goods which have been identified
to the contract and are still in his control except that if resale becomes possible he may
resell them at any time prior to the collection of the judgment. The net proceeds of any such
resale must be credited to the buyer and payment of the judgment entitles him to any goods
not resold. (3) After the buyer has wrongfully rejected or revoked...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-709.htm - 1K - Match Info - Similar pages
8-1-60
Section 8-1-60 Thing let for particular purpose to be so used. When a thing is let for a particular
purpose, the lessee must not use it for any other purpose; and if he does, he is liable to
the lessor for all damages resulting from such use, or the lessor may treat the contract as
thereby rescinded. (Code 1923, §6273; Code 1940, T. 9, §7.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-1-60.htm - 653 bytes - Match Info - Similar pages
35-11-5
Section 35-11-5 Affidavit and bond required before issue of attachment. In all cases in this
chapter where the process of attachment is authorized, and unless otherwise particularly provided
for in the article declaring the lien, before such attachment shall issue, the plaintiff,
his agent or attorney must make affidavit setting forth the amount of such claim, or if a
toll is claimed, the reasonable value thereof, that one of the enumerated causes for attachment
prescribed in the applicable article exists, that the attachment is not sued out for the purpose
of vexing or harassing the defendant, whether or not the debt or toll is due, and if not,
when the same will be due, that said debt or toll remains unpaid, and must describe therein,
as near as practicable, the property on which the lien is claimed. He must also execute a
bond in double the amount claimed, with sufficient sureties to be approved by the officer
issuing the attachment, payable to the defendant and with the condition...
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45-11-247.02
Section 45-11-247.02 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR
SESSION, EFFECTIVE MAY 14, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The tax levied
by this part shall be collected by the State Department of Revenue, the county, or by contract
to a business that collects sales tax at the same time and in the same manner as state sales
and use taxes are collected. On or prior to the date the tax is due, each person subject to
the tax shall file with the department a report in the form prescribed by the department.
The report shall set forth, with respect to all sales and business transactions that are required
to be used as a measure of the tax levied, a correct statement of the gross proceeds of all
the sales and gross receipts of all business transactions. The report shall also include items
of information pertinent to the tax as the department may require. Any person subject to the
tax levied by this part may defer reporting credit sales until after...
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6-2-34
Section 6-2-34 Commencement of actions - Six years. The following must be commenced within
six years: (1) Actions for any trespass to person or liberty, such as false imprisonment or
assault and battery; (2) Actions for any trespass to real or personal property; (3) Actions
for the detention or conversion of personal property; (4) Actions founded on promises in writing
not under seal; (5) Actions for the recovery of money upon a loan, upon a stated or liquidated
account or for arrears of rent due upon a parol demise; (6) Actions for the use and occupation
of land; (7) Motions and other actions against the sureties of any sheriff, coroner, constable,
or any public officer and actions against the sureties of executors, administrators, or guardians
for any nonfeasance, misfeasance, or malfeasance, whatsoever, of their principal, the time
to be computed from the act done or omitted by their principal which fixes the liability of
the surety; (8) Motions and other actions against...
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6-6-259
Section 6-6-259 Actions by mortgagees or vendor in conditional sale contract, etc., against
mortgagors or vendees, etc. (a) If the action is by a mortgagee or his assignee against a
mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving
the title until the entire purchase money shall be paid, or his assignee, against his vendee
or one holding under him, the defendant may, upon suggestion, require that the jury ascertain
the amount of the mortgage debt or the unpaid balance of the purchase price of the article
sold; and if the debt due is ascertained to be less than the value of the property sued for
as assessed by the jury, judgment must be entered for the property sued for or if that is
not to be had, then for the amount of the debt as ascertained by the jury. The court must
also make an order that, if the debt so ascertained, interest and costs, shall be paid within
30 days, no execution or other process shall issue on the judgment; and on...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-259.htm - 2K - Match Info - Similar pages
6-6-314
Section 6-6-314 Liability of lessee holding over; how such recovered. Any person who, having
entered into the possession of lands and tenements under a contract of lease, forcibly or
unlawfully retains the possession thereof after the expiration of his term or refuses to surrender
the same on the written demand of the lessor, his agent, or attorney or legal representative,
is liable for double the amount of the annual rent agreed to be paid under such contract and
for such other special damages as may be thereby sustained by the party thus unlawfully kept
out of possession, to be recovered as now provided by law in actions of unlawful detainer
or by a civil action for damages. (Code 1867, §3312; Code 1876, §3709; Code 1886, §3391;
Code 1896, §2137; Code 1907, §4273; Code 1923, §8014; Code 1940, T. 7, §977.)...
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