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25-9-22
Section 25-9-22 Witnesses at proceedings under chapter generally. (a) The chief has the authority
to administer oaths and to issue subpoenas requiring the attendance of witnesses to testify
under oath in any proceeding and to require witnesses to answer all questions propounded to
them. The sheriff or constable in the county in which such witnesses may reside or be found
shall execute subpoenas issued as above provided, and they shall each receive for their services
in executing such subpoenas the same fees as are allowed them respectively for executing subpoenas
in other cases. Any witnesses summoned as above mentioned shall be entitled to the same mileage
and per diem as is now allowed by law to such witnesses attending trials in the circuit court.
(b) If any witness subpoenaed as above mentioned shall fail to attend without good excuse,
in accordance with the subpoena served on him, or shall fail to testify when attending, the
chief before whom said proceedings are being had shall...
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6-6-79
Section 6-6-79 Proceedings against sheriff and sureties for money received in sale of perishables.
The sheriff and his sureties, or either of them, may be proceeded against by motion, on one
day's notice, at the instance of the plaintiff or of the defendant if the plaintiff fails
in the action for any money received for the sale of perishable property and judgment entered
against him, or them, for the amount and five percent a month from the time of the demand.
(Code 1852, §2530; Code 1867, §2958; Code 1876, §3284; Code 1886, §2962; Code 1896, §553;
Code 1907, §2953; Code 1923, §6201; Code 1940, T. 7, §874.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-79.htm - 956 bytes - Match Info - Similar pages
3-5-8
Section 3-5-8 Posting of notice as to taking, etc., and hearing thereupon; proceedings where
owner appears and claims livestock or animal generally; proceedings and entry of judgment
for sale where livestock or animal not claimed and adjudged to be unlawfully at large generally.
(a) The district court shall give notice, by posting in three public places in the county,
setting forth the fact of such taking up, the description of the livestock or animal and the
fact that the owner is unknown or, if known, that he cannot be located, and notifying any
person claiming to be the owner of such livestock or animal to appear before the court at
a place named not less than three days nor more than six days from the date of such notice
and prove such claim of ownership. (b) If such person appears at any time and if the judge
of the district court is satisfied that such person is the actual owner of such livestock
or animal, then the judge shall require the owner of the livestock or animal to pay...
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12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From the
judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or
the defendant in any case, may appeal to the court of criminal appeals in like manner as in
cases of appeals for convictions of violation of the criminal laws of the state. If the appeal
is taken by the municipality, it shall not be required to give surety for the cost of appeal.
When taken by the defendant, he may give bail with sufficient sureties, conditioned that he
will appear and abide by the judgment of the appellate court; and, failing to give bail, he
must be committed to the municipal jail, but he may give such bail at any time pending the
appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the
judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the
undertaking of bail to surrender himself to the municipal authorities within...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-14-71.htm - 2K - Match Info - Similar pages
13A-12-73
Section 13A-12-73 Sale of forfeited vehicle; rights of bailor, conditional vendor or mortgagee.
The court in condemnation proceedings shall sell the right of all interested persons in and
to said conveyance or vehicle who aided or assisted any such person as described in Section
13A-12-70 in the illegal transportation or who had knowledge or notice thereof, or who had
knowledge of the presence thereof in said vehicle or conveyance, or who could by reasonable
diligence have obtained knowledge or notice thereof. Any bona fide bailor or conditional vendor
or chattel mortgagee who shall, prior to bailing, selling or accepting a mortgage upon such
conveyance or vehicle, make inquiry of the sheriff and chief of police of the county and city
of the residence of such bailee, vendee or mortgagor and of the sheriff and chief of police
of the county and city of the place of business of the bailor, vendor or mortgagee, or of
any recognized or licensed agency which makes a systematic check of court...
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6-6-463
Section 6-6-463 Disposition of claims of other persons suggested by garnishee. (a) When the
garnishee, by his answer as originally filed or by any supplemental answer thereafter, alleges,
at any time before final judgment against him, that he has been notified that another person
claims title to, or an interest in, the debt, demand, money, or effects which, by his answer,
he has admitted to be due or owing or to be in his possession, the clerk must issue notice
to the suggested claimant to appear within 30 days after service of the notice and propound
his claim and contest with the plaintiff the right to such debt, demand, money or effects.
(b) If he appears, he must be required to propound his claim in writing and make oath thereto,
upon which the plaintiff must take issue in law or in fact, and the issue in fact must be
tried by a jury, if required by either party. If the issue is found for the plaintiff, judgment
must be entered against the garnishee on his answer or, if for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-463.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/17-16-56.htm - 2K - Match Info - Similar pages
41-22-12
Section 41-22-12 Notice and opportunity for hearing in contested cases; contents of notice;
power of presiding officer to issue subpoenas, discovery and protective orders; procedure
upon failure of notified party to appear; presentation of evidence and argument; right to
counsel; disposition by stipulation, settlement, etc.; contents of record; public attendance
at oral proceedings; recordings and transcripts of oral proceedings. (a) In a contested case,
all parties shall be afforded an opportunity for hearing after reasonable notice in writing
delivered either by personal service as in civil actions or by certified mail, return receipt
requested. However, an agency may provide by rule for the delivery of such notice by other
means, including, where permitted by existing statute, delivery by first class mail, postage
prepaid, to be effective upon the deposit of the notice in the mail. Delivery of the notice
referred to in this subsection shall constitute commencement of the contested...
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15-21-20
Section 15-21-20 Contesting of return; examination into imprisonment or detention; disposition
of detainee on adjournment of examination; forfeiture of bail. (a) The party on whose behalf
a writ of habeas corpus is sued out may deny any of the facts stated in the return and allege
any other facts which may be material in the case. (b) In a summary way, the court or judge
may examine into the cause of the imprisonment or detention, may hear the evidence adduced
and may adjourn the examination from time to time as the circumstances of the case may require
and, in the meantime, remand the party or commit him to the custody of the sheriff of the
county or place him under such other custody as his age or other circumstances may require,
or, if the character of the charge authorizes it, take bail from him in a sufficient amount
for his appearance from day to day until judgment is given. (c) If the party fails to appear,
as required by his undertaking, an entry of forfeiture must be endorsed...
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34-24-167
Section 34-24-167 Refusal, revocation, or suspension - Notice of hearing; procedure. (a) In
a contested case, all parties shall be afforded an opportunity for hearing after reasonable
notice in writing delivered either by personal service as in civil actions or by certified
mail, return receipt requested. Delivery of the notice referred to in this subsection shall
constitute commencement of the contested case proceeding. (b) The notice shall include: (1)
A statement of the time, place, and nature of the hearing; (2) A statement of the legal authority
and jurisdiction under which the hearing is to be held; (3) A reference to the particular
sections of the statutes and rules involved; (4) A short and plain statement of the matters
asserted. If the State Board of Chiropractic Examiners is unable to state the matters in detail
at the time the notice is served, the initial notice may be limited to a statement of the
issues involved. Thereafter, upon application, a more definite and detailed...
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