12-22-171
Section 12-22-171 Stay of sentence when question of law reserved and admission to bail - Misdemeanors.
When such question is reserved, in case of a misdemeanor, and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered on the conviction, but the execution thereof must be stayed pending the appeal.
In such case, the defendant may give bail, with sufficient sureties, conditioned that he will
appear and abide the judgment; failing to give such bail, he must be committed to jail, but
may give such bail at any time pending the appeal. (Code 1852, §754; Code 1867, §4305; Code
1876, §4981; Code 1886, §4512; Code 1896, §4319; Code 1907, §6250; Code 1923, §3243;
Code 1940, T. 15, §374.)...
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19-3-20
Section 19-3-20 Right of creditors to apply for order requiring trustee to give bond. When
an express trust is created for the payment or security of debts and, by the terms thereof,
the trustee is not required to give bond with surety, any creditor interested therein may
apply to the register or clerk of the circuit court of the county in which the trust property,
or the most valuable portion thereof, may be, for an order requiring such trustee to give
bond with surety for the faithful administration of the trust. (Code 1886, §3549; Code 1896,
§4152; Code 1907, §6054; Code 1923, §10391; Code 1940, T. 58, §8.)...
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19-3-38
Section 19-3-38 Admissibility of evidence at hearings; exceptions; appeals. Upon a hearing
before the register or clerk under any of the provisions of this article, any competent legal
evidence, written or oral, may be received. All such evidence must be noted and oral testimony
reduced to writing by the register or clerk. Within 10 days thereafter, either party may file
exceptions to the action or conclusion of the register or clerk, and may have the same reviewed
by the circuit judge upon 10 days' notice to the other party, such review to be without any
presumption in favor of the correctness of the action or conclusion of the register or clerk.
From the decision of the circuit judge thereon an appeal lies to the court of civil appeals
or the supreme court within 42 days. (Code 1896, §4170; Code 1907, §6072; Code 1923, §10409;
Code 1940, T. 58, §26.)...
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34-8-27
Section 34-8-27 Appeals. Any party aggrieved by any decision of the State Licensing Board,
either in denying an application for license as a general contractor or in revoking a license,
may appeal to the Circuit Court of Montgomery County by filing a bond with the clerk of the
court, conditioned to pay all costs of the appeal. Upon notice of the appeal being served
upon the Licensing Board, an issue shall be made up by the court between the appellant and
the Licensing Board, in which the appellant shall allege in what respect the action of the
Licensing Board was erroneous and prejudicial to him or her; whereupon the court shall hear
the evidence and, without regard to the decision of the Licensing Board, shall render such
decision as the court is of the opinion the Licensing Board should have rendered in the first
instance. (Acts 1935, No. 297, p. 721, §17; Code 1940, T. 46, §82; Acts 1959, No. 571, p.
1429, §1.)...
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35-3-23
Section 35-3-23 Order for survey on motion of party - Deposit of costs. In the event a party
to such action petitions for such survey and offers to pay the cost of the same and it appears
that such survey is pertinent to the determination of the issue or issues of said action or
is essential to the proper entering of an order therein, the court shall order such survey
requiring the petitioning party to deposit with the register or clerk of the court the estimated
cost to be fixed by the court of such survey, which deposited funds shall be disbursed by
order of the court; and on the deposit of such cost with the register or clerk the court shall
order such survey to be made. (Acts 1931, No. 163, p. 239; Code 1940, T. 47, §10.)...
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11-51-156
Section 11-51-156 Bond to dissolve temporary injunctive relief - Forfeiture of bond and issuance
of execution thereon. In the event no supersedeas bond is given on appeal or if no appeal
is taken and the respondent fails to pay the judgment and costs within 30 days after the entry
of judgment in the circuit court, it shall be the duty of the register or clerk within 10
days of the expiration of said limit of 30 days to declare said bond forfeited and to issue
execution thereon against the principal and sureties. If for any reason the register or clerk
fails to declare the bond forfeited within the time prescribed in this section, he may do
so any time thereafter and issue execution as directed in this section. (Acts 1936-37, Ex.
Sess., No. 152, p. 169; Code 1940, T. 37, §766.)...
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12-11-11
Section 12-11-11 Transfer of cases - Transfer to another court in same county. Whenever it
shall appear to the court that any case filed therein should have been brought in another
court in the same county, the court shall make an order transferring the case to the proper
court, and the clerk or register shall forthwith certify the pleadings, process, costs and
order to the court to which the case is transferred, and the case shall be docketed and proceed
in the court to which it is transferred, and the costs accrued in the court in which the case
was originally filed shall abide by the result of the case in the court to which transferred.
(Acts 1915, No. 725, p. 830; Code 1923, §6493; Code 1940, T. 13, §156.)...
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12-19-26
Section 12-19-26 Administrative fee for periodic payments; payment to General Fund; notice
of fee. (a) There is hereby imposed an administrative fee of $1.00 to be collected by the
clerks of the circuit and district courts and the registers of the circuit courts for the
receipt and disbursement of each periodic payment made to their offices under any order, decree
or judgment of the circuit or district court which provides for periodic and continuing payments
of alimony, child support, or court-ordered restitution, except for payments received from
a responding state pursuant to Sections 30-4-80 through 30-4-98. Said fee shall be collected
from the individual responsible for the periodic payments at the time each payment is receipted
through the office of the clerk or register, whether such payment is collected for the benefit
of a private individual or the state, including any department or agency thereof and whether
the duty to collect such payments is imposed upon the clerk or...
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12-22-220
Section 12-22-220 By whom and when granted; duty of clerk of court. (a) A writ of error on
any judgment entered in a criminal case may issue on an order to that effect by any one of
the judges of the appropriate appellate court in vacation or by the appropriate appellate
court in term time, addressed to the clerk of the court in which the judgment was entered,
but such writ must only be granted on some error of law apparent on the record on appeal.
(b) On the filing of such order with the clerk of the court in which the judgment was entered,
such clerk must give the party filing it a certificate of the filing thereof, make out a writ
of error and a transcript of the record and proceedings had in the cause, attach his certificate
and the writ of error to such transcript and deliver the same, on demand, to the party suing
out the writ, or to his attorney. (Code 1876, §§4984, 4985; Code 1886, §§4516, 4517; Code
1896, §§4327, 4328; Code 1907, §§6258, 6259; Code 1923, §§3252,...
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12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial
of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney
or other prosecuting officer or attorney may take an appeal on behalf of the state to the
appropriate appellate court when, on habeas corpus, any person held in custody under a charge
or conviction for crime or for extradition as a fugitive from justice from any other state
is discharged from custody or when any person held in custody under an indictment by the grand
jury charging him with a capital offense is admitted to bail. In all such cases the judgment
must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be
admitted to bail, with sufficient sureties, conditioned that he will appear before such court
or officer as may be prescribed by the judge and abide the judgment entered, provided such
person is charged with an offense that is bailable under the laws of this...
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