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6-6-600
Section 6-6-600 Judgment - Excluding defendant from office or franchise or prohibiting
practice of profession. When a defendant, whether a natural person or a corporation, against
whom such action has been commenced, is adjudged guilty of usurping or intruding into, or
unlawfully holding or exercising, any office or franchise or unlawfully practicing any profession,
judgment must be entered that such defendant be excluded from the office or franchise or be
prohibited from practicing such profession and that the plaintiff recover costs against such
defendant. Execution shall be issued on such judgment at the expiration of five days from
the date thereof, unless the defendant shall, within such time, take an appeal to the supreme
court. Any violation of any such order shall be a contempt of court. (Code 1852, §2665; Code
1867, §3093; Code 1876, §3433; Code 1886, §3178; Code 1896, §3432; Code 1907, §5465;
Code 1923, §9944; Code 1940, T. 7, §1148.)...
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6-6-604
Section 6-6-604 Appeals - Stay of execution on judgment. If the defendant is adjudged
guilty of usurping or intruding into, or unlawfully holding or exercising, any public office,
civil or military, or any office in a corporation created by the authority of this state or
unlawfully practicing any profession requiring a license, the appeal does not stay the execution
of the judgment unless the party appealing shall execute bond, as prescribed in Rule 8 of
the Alabama Rules of Appellate Procedure, payable to the State of Alabama. (Code 1896, §3438;
Code 1907, §5471; Code 1923, §9950; Code 1940, T. 7, §1154.)...
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6-6-591
Section 6-6-591 Right of action and venue - Usurpation, etc., of office or franchise,
etc. (a) An action may be commenced in the name of the state against the party offending in
the following cases: (1) When any person usurps, intrudes into or unlawfully holds or exercises
any public office, civil or military, any franchise, any profession requiring a license, certificate,
or other legal authorization within this state or any office in a corporation created by the
authority of this state; (2) When any public officer, civil or military, has done or suffered
any act by which, under the law, he forfeits his office; or (3) When any association, or number
of persons, acts within this state as a corporation without being duly incorporated. (b) The
judge of the circuit court may direct the action to be commenced when he believes that any
of the acts specified in subsection (a) of this section can be proved and it is necessary
for the public good, or it may be commenced without the direction...
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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney
and assistant district attorney, within the circuit, county, or other territory for which
he or she is elected or appointed: (1) To attend on the grand juries, advise them in relation
to matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and
shall, in every case of failure, move against the register as provided by subsection (b) of
Section 12-17-114. (5) If a criminal prosecution is removed from a court of his or
her circuit, county, or division of a county to a court of the United States, to appear in
that court and represent the state; and, if it is impracticable, consistent with his or her...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment
set forth in this section in all cases in which they are applicable, are sufficient,
and analogous forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY.
The State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county
charge that, before the finding of this indictment, etc. (describing the offense as in the
following forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney
of the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary
to law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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22-18-50
Section 22-18-50 Enactment and text of Emergency Medical Services Personnel Licensure
Interstate Compact. The Emergency Medical Services Personnel Licensure Interstate Compact
is hereby enacted into law and entered into with all other jurisdictions legally joining therein
in form substantially as follows: SECTION 1. PURPOSE In order to protect the public
through verification of competency and ensure accountability for patient care related activities
all states license emergency medical services (EMS) personnel, such as emergency medical technicians
(EMTs), advanced EMTs and paramedics. This Compact is intended to facilitate the day to day
movement of EMS personnel across state boundaries in the performance of their EMS duties as
assigned by an appropriate authority and authorize state EMS offices to afford immediate legal
recognition to EMS personnel licensed in a member state. This Compact recognizes that states
have a vested interest in protecting the public's health and safety...
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16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove
barriers to education success imposed on children of military families because of frequent
moves and deployment of their parents by: A. Facilitating the timely enrollment of children
of military families and ensuring that they are not placed at a disadvantage due to difficulty
in the transfer of education records from the previous school district(s) or variations in
entrance/age requirements. B. Facilitating the student placement process through which children
of military families are not disadvantaged by variations in attendance requirements, scheduling,
sequencing, grading, course content or assessment. C. Facilitating the qualification and eligibility
for enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
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6-6-599
Section 6-6-599 Judgment - Dissolving corporation and excluding same from corporate
rights, etc. If it is adjudged that a corporation against which an action has been commenced
under this article has, by neglect, abuse or surrender, forfeited its corporate rights, privileges,
and franchises, judgment must be entered that the corporation be excluded from such corporate
rights, privileges, and franchises and be dissolved, and judgment for costs must be entered
against the persons claiming to be such corporation and the directors or managers thereof,
as established by the evidence. Execution shall be issued on such judgment at the expiration
of five days from the date thereof, unless the defendant or the persons claiming to be such
corporation shall, within such time, take an appeal to the supreme court. (Code 1852, §2666;
Code 1867, §3094; Code 1876, §3434; Code 1886, §3179; Code 1896, §3433; Code 1907, §5466;
Code 1923, §9945; Code 1940, T. 7, §1149.)...
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15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following
forms of pleas, replications, rejoinders and demurrers are sufficient in all cases in which
they are applicable, but they are not exclusive, and any other form sufficient at common law,
under the statutes or any analogous or kindred pleadings, where no form is provided in this
Code, may be used: (1) CAPTION. - The following caption may be used as a part of each of the
following forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM
OF PLEA. - Comes the defendant (in his own proper person, or by attorney) and for plea says:
The state ought not further to prosecute this indictment against him because _____ (stating
matter constituting the plea). And this the defendant is ready to verify and prays judgment
that he be discharged (or it may conclude, "and of this he puts himself upon the country,"
whenever appropriate). ___, defendant or attorney for defendant. (3)...
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6-6-597
Section 6-6-597 Addition of person rightly entitled to office; entry of judgment on
such right; delivery of books, papers, and property. (a) When the action is commenced against
a person for usurping an office, the name of the person rightly entitled to the office, with
a statement of his right thereto, may be added, and, when added, judgment may be entered upon
the right of the defendant and also upon the right of the party so alleged to be entitled
or only upon the right of the defendant, as justice may require. (b) If judgment is entered
upon the right of the person so alleged to be entitled and the same is in favor of such person,
he is entitled, after taking the oath of office and executing such official bond as may be
required, to take upon himself the execution of the office, and it is his duty, immediately
thereafter, to demand of the defendant all the books, papers, and property in his custody,
or within his power, belonging to the office. On refusal or neglect to deliver over...
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