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34-3-60
Section 34-3-60 Fees paid as part of costs in partition and trust proceedings. In all actions
and proceedings in the probate courts and circuit courts and other courts of like jurisdiction,
where there is involved the administration of a trust, or where there is involved the sale
of property for distribution, or where there is a partition in kind of real or personal property
between tenants in common, the court having jurisdiction of such action or proceeding may
ascertain a reasonable attorney's fee, to be paid to the attorneys or solicitors representing
the trust, joint or common property, or any party in the action or proceeding, and is authorized
to tax as a part of the costs in such action or proceeding such reasonable attorney's fee,
which is to be paid when collected as the other costs in the proceeding to such attorneys
or solicitors as may be directed or ordered by the court and to be a lien on the several parts
in case of partition in kind. (Code 1907, §§3010, 5219; Code...
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6-5-153
Section 6-5-153 Effect of establishment of nuisance in criminal proceedings. In case the existence
of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction,
the district attorney shall proceed promptly under this division to enforce the provisions
and penalties thereof, and the finding of the defendant guilty in such criminal proceedings,
unless reversed or set aside, shall be conclusive as against the defendant as to the existence
of the nuisance. The proceeds of the sale of the personal property as provided in Section
6-5-152 shall be applied in payment of the costs of the action and abatement, including the
plaintiff's costs, or so much of such proceeds as may be necessary, except as provided in
this division. (Acts 1919, No. 53, p. 52; Code 1923, §9296; Code 1940, T. 7, §1107.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-153.htm - 1K - Match Info - Similar pages
6-8-20
Section 6-8-20 Payment to consular officer of estate or land sale funds due nonrepresented
foreigners. Whenever upon the settlement of an estate or upon the sale of lands for division
in any court of this state it is shown that any of the heirs, distributees, or other persons
entitled to share in the funds derived therefrom, whether adults or minors, are residents
and subjects of a foreign country and are not represented by counsel of their own employment,
the personal representative, judge of probate, clerk, or register who may have the custody
of said funds shall pay over the shares of such persons to the duly accredited consular officer
of such country within whose jurisdiction the said court is situated and obtain from him full
acquittance therefor. (Acts 1911, No. 523, p. 572; Code 1923, §6657; Code 1940, T. 7, §347.)...
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43-2-354
Section 43-2-354 Notice and hearing; judgment; costs; appeals. The personal representative
of the estate of a decedent may give notice in writing to the claimant or anyone having a
beneficial interest in a claim against the estate that such claim is disputed in whole or
in part; if in part, specifying the part disputed. Thereupon the judge of the court having
jurisdiction of the administration of the estate shall, on written application of either the
personal representative or the claimant, hear and pass on the validity of such claim, or part
thereof, first giving 10 days' notice of such hearing to the interested parties. If the claimant
in such proceeding shall fail to recover upon the disputed part of such claim, he shall be
taxed with the costs thereof. This section shall not apply to claims against estates declared
insolvent. If the judgment on any such claim is rendered by a probate court, either party
may, within 30 days after the rendition of such judgment, appeal to the circuit...
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43-8-175
Section 43-8-175 Probate of foreign will. When the testator was not, at the time of his or
her death, an inhabitant of this state, but was an inhabitant of some other state or territory
of the United States of America, or of some other territory, district or country subject to
the jurisdiction of the United States of America, and his or her will has been duly proved
in any other state of the United States of America, or in any territory, district or country
subject to the jurisdiction of the United States of America, it may be admitted to probate
in the proper court of this state in the manner following: If the will has been admitted to
probate out of the state of Alabama, but within another state of the United States of America,
or within any territory, district or country subject to the jurisdiction of the United States
of America, such will, or copy of the same, and the probate thereof must be certified and
authenticated as provided in 28 U.S.C.A., §1738. Upon the presentation to...
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6-5-754
Section 6-5-754 Choice of forum. (a) If a claim under the common or statutory law of another
state, the United States, or a foreign country or under international treaty for death or
injury to person or damage to property arises against a manufacturer out of an accident that
occurred outside this state, such claim may be brought in the courts of this state in any
county in which jurisdiction of the defendant can be legally obtained in the same manner in
which jurisdiction could have been obtained if the claim had arisen in this state. (b) The
courts of this state shall apply the doctrine of forum non conveniens in determining whether
to accept or decline to take jurisdiction of an action asserting a claim arising out of an
accident occurring outside this state. (c) In applying the doctrine of forum non conveniens,
the court shall take into account each of the following considerations: (1) The state in which
the claimant resides, giving deference to the claimant's choice of forum only...
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10A-10-1.15
Section 10A-10-1.15 Merger. (a) For purposes of this section, the following words shall have
the respective meanings ascribed to them: (1) ALABAMA REAL ESTATE INVESTMENT TRUST. A real
estate investment trust organized in compliance with the provisions of this chapter. (2) BUSINESS
TRUST. a. An entity described in Section 10A-16-1.01. b. An unincorporated trust or association,
including an Alabama real estate investment trust, a common-law trust, or a Massachusetts
trust, which is engaged in business and in which property is acquired, held, managed, administered,
controlled, invested, or disposed of for the benefit and profit of any person who may become
a holder of a transferable unit of beneficial interest in the trust. (3) DOMESTIC LIMITED
LIABILITY COMPANY. A limited liability company as defined under the Alabama Limited Liability
Company Law. (4) DOMESTIC LIMITED PARTNERSHIP. A limited partnership as defined under the
Alabama Limited Partnership Law. (5) FOREIGN BUSINESS TRUST. A...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-10-1.15.htm - 10K - Match Info - Similar pages
6-5-151
Section 6-5-151 Order of abatement; sale of property. (a) If the existence of the nuisance
is admitted or established in an action as provided in this division, or in a criminal proceeding
in the circuit court, an order of abatement shall be entered as a part of the judgment in
the case, which shall direct the removal from the place of all personal property and contents
used in conducting the nuisance not already released under authority of the court as provided
in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the sale of such
thereof as belonged to the defendants notified or appearing in the manner provided for the
sale of chattels under execution. (b) Such order shall also require the renewal for one year
of any bond furnished by the owner of the real property as provided in Section 6-5-148 or,
if not so furnished, shall continue for one year any closing order issued at the time of granting
the preliminary injunction or, if no such closing order was then...
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6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
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22-9A-12
Section 22-9A-12 New birth certificate upon adoption, legitimation, or paternity determination;
availability of original certificate; contact preference form. (a) The State Registrar shall
establish a new certificate of birth for a person born in this state upon receipt of any of
the following: (1) A report of adoption as provided in Section 22-9A-11 or a report of adoption
prepared and filed in accordance with the laws of another state, the District of Columbia,
a territory of the United States, or a foreign country, or a certified copy of the decree
of adoption, together with the information necessary to identify the original certificate
of birth and to establish a new certificate of birth. A new certificate of birth shall not
be established if so requested by the court decreeing the adoption. (2) A request that a new
certificate be established upon completion of the legitimation procedure specified in Sections
26-11-2 and 26-17-6. If the name of another man is shown as the father of...
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