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8-3-13
Section 8-3-13 Surety may require creditor to bring action against principal; discharge of
surety upon failure to bring action. (a) A surety upon any contract for the payment of money
or for the delivery or payment of personal property may require the creditor or anyone having
the beneficial interest in the contract, by notice in writing, to bring an action thereon
against the principal debtor or against any cosurety to such contract. (b) If an action is
not brought thereon in three months after the receipt of such notice and prosecuted with diligence
according to the ordinary course of law, the surety giving such notice is discharged from
all liability as surety or his aliquot proportion of the debt, as the case may be. (c) One
surety may give the notice in behalf of his cosureties. (d) The remedy secured by this section
does not apply to bonds or other contracts with collateral conditions, nor to the bonds of
executors, administrators, guardians, or public officers. (Code 1852,...
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8-3-42
Section 8-3-42 Sureties entitled to summary judgment against principal and between each other.
Sureties, whether bound on the contract or instrument with the principal debtor as joint or
joint and several obligors or promisors, as accommodation drawers, acceptors, or endorsers
of a bill of exchange or in any other manner, are entitled to a summary judgment against their
principal and between each other, by motion in the circuit court on three days' notice thereof,
in the cases, and in the following manner: (1) Against the principal debtor: a. When a judgment
has been obtained against the surety which he has satisfied, either wholly or in part, for
the amount paid and interest; b. When a surety or sureties are sued without their principal
upon notice given to the principal of the pending action if judgment is obtained against the
surety, judgment for the same amount must be entered against the principal in favor of the
surety. (2) Between sureties: a. A surety who has paid the debt of...
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26-1A-212
Section 26-1A-212 Claims and litigation. Unless the power of attorney otherwise provides, language
in a power of attorney granting general authority with respect to claims and litigation authorizes
the agent to: (1) assert and maintain before a court or administrative agency a claim, claim
for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action
to recover property or other thing of value, recover damages sustained by the principal, eliminate
or modify tax liability, or seek an injunction, specific performance, or other relief; (2)
bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or
intermediate relief and use an available procedure to effect or satisfy a judgment, order,
or decree; (4) make or accept a tender, offer of judgment, or admission of facts, submit a
controversy on an agreed statement of facts, consent...
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32-7-26
Section 32-7-26 Bond as proof of financial responsibility. (a) Proof of financial responsibility
may be furnished by a bond of a surety company duly authorized to transact business in this
state, or by a bond with at least two individual sureties each owning real estate within this
state and together having equities equal in value to at least twice the amount of such bond,
which real estate shall be scheduled in the bond and approved both as to title and value by
the judge of probate of the county in which such real estate is located. Such bond shall be
conditioned for payments in amounts and under the same circumstances as would be required
in a motor vehicle liability policy and shall not be cancelable except after 10 days' written
notice to the director. The principal and sureties shall execute and deliver an original and
one copy of such bond and schedule and, in addition, when the real property or any part thereof
listed or described in such schedule shall be located in more than...
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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery from fund;
procedures, appeals, etc.; licensee to report any legal action taken against him or her. (a)
The commission shall establish and maintain a Recovery Fund from which an aggrieved party
may recover actual or compensatory damages, not including interest and court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
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34-14A-15
Section 34-14A-15 Recovery fund. (a) The board may establish a Homeowners' Recovery Fund for
the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved
homeowner may recover actual economic damages, not including interest and court costs, sustained
within the state as the direct result of conduct of a licensee in violation of this chapter
or the rules of the board from the Homeowners' Recovery Fund. Any payments from the Homeowners'
Recovery Fund shall be subject to the following limitations and conditions: (1) The Homeowners'
Recovery Fund shall make payments only to homeowners who file a complaint with the board pursuant
to the requirements of subsection (b) of Section 34-14A-8. (2) The Homeowners' Recovery Fund
shall not make payments based on consent judgments. (3) Failure of the homeowner to follow
any provisions of this chapter shall preclude payment from the Homeowners' Recovery Fund.
(b) The board, by rule, shall determine the maximum amount of...
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15-22-1.1
Section 15-22-1.1 Interstate Compact for Adult Offender Supervision. Whereas: The Interstate
Compact for the Supervision of Parolees and Probationers was established in 1937, it is the
earliest corrections "compact" established among the states and has not been amended
since its adoption over 62 years ago; Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines, and it currently has jurisdiction
over more than a quarter of a million offenders; Whereas: The complexities of the compact
have become more difficult to administer, and many jurisdictions have expanded supervision
expectations to include currently unregulated practices such as victim input, victim notification
requirements, and sex offender registration; Whereas: After hearings, national surveys, and
a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming
recommendation has been to amend the document to bring about...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-1.1.htm - 43K - Match Info - Similar pages
8-3-4
Section 8-3-4 Tender by surety discharges surety. The surety may tender to the creditor the
amount of his debt and demand that the evidence of and the securities for the same be delivered
up to him to be enforced against his principal or cosureties; and a failure of the creditor
to comply, when within his power, shall operate to discharge the surety. (Code 1907, §5387;
Code 1923, §9546; Code 1940, T. 9, §80.)...
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2-15-133
Section 2-15-133 Bonds or bond equivalents; financial statements and reports; liability for
payments. (a) No license as required under Section 2-15-132 shall be issued or renewed until
the applicant therefor shall make, execute, and thereafter maintain on file with the commissioner
a bond or a bond equivalent as provided in subsection (f) in favor of the State of Alabama
or a trustee to be approved by the commissioner to secure the performance of obligations incurred
in the State of Alabama and the payment thereof to persons from whom such dealer purchases
livestock. Except as otherwise provided in this subsection, the amount of each bond shall
be not less than the next multiple of two thousand dollars ($2,000) above the average amount
of purchases of livestock purchased either as a dealer or on an agency basis in Alabama during
a period equivalent to two business days based on the total number of business days and the
total amount of such transactions during the preceding 12 months or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-15-133.htm - 8K - Match Info - Similar pages
2-15-63
Section 2-15-63 Bonds of livestock market operators. Any person operating a livestock market
in this state shall make and execute a bond in favor of the State of Alabama, which bond shall
be made by a surety company qualified to do business in the State of Alabama and such bond
shall be filed in the office of the commissioner. The minimum amount of such bond shall be
$5,000.00 or such greater sum not to exceed $50,000.00. The exact amount of said bond shall
be determined by dividing the gross amount of business done by such livestock market during
the preceding 12 months or such part thereof as the livestock market was engaged in business
by the number of days on which sales were made, and such bond shall be not less than the nearest
multiple of $1,000.00. Any bond accepted under the provisions of this section shall be not
less than $5,000.00 nor more than $50,000.00. In the event the livestock market has not engaged
in business during the year preceding the date of its application for...
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