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18-1A-3
common law, equity, or creditor action. (12) LITIGATION EXPENSES. The sum of the costs, disbursements,
and expenses, including reasonable attorney, appraisal, and engineering fees, necessary to
prepare for anticipated or participation in actual probate or circuit court proceedings. (13)
LOCAL PUBLIC ENTITY. A public entity other than the state. (14) PERSON. Includes a natural
individual, partnership, corporation, association, other legal or fiduciary entity, and a
public entity. (15) PERSONAL PROPERTY. Any property other than real property which
is affixed or directly related to the real property proposed to be acquired. (16) PROPERTY.
An interest in real or personal property under the law of this state. (17) REAL PROPERTY.
Land and any improvements upon or connected with land; and includes an easement, servitude,
or other interest therein. (18) WORK. Includes construction, alteration, repair, remodeling,
excavation, demolition, rehabilitation, relocation, and landscaping. (19)...
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2-10-65
Section 2-10-65 Marketing contracts. The association and its members may make and execute marketing
contracts, requiring the members to sell, for any period of time not over 10 years, all or
any specified part of their agricultural products or specified commodities exclusively to
or through the association or any facilities to be created by the association. The contract
may provide that the association may sell or resell the products of its members, with or without
taking title thereto, and pay over to its members the resale price, after deducting all necessary
selling, overhead and other costs and expenses, including interest on preferred stock, not
exceeding eight percent per annum, and reserves for retiring the stock, if any, and other
proper reserves and interest not exceeding eight percent per annum upon common stock or other
items deemed proper. The bylaws and the marketing contract may fix, as liquidated damages,
specified sums to be paid by the member or stockholder to the...
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37-4-61
Section 37-4-61 Voluntary sales. If within 30 days after receipt of such notice the owner shall
propose voluntarily to sell and transfer such property to the agency upon terms and conditions
to be mutually agreed upon between the owner and the agency and approved by the Alabama Public
Service Commission, and serve a copy of such proposal upon the agency and upon the commission,
the commission shall fix a time and place to hear and consider such proposal and notify all
parties interested therein. If the terms and conditions of purchase and sale shall be agreed
upon by and between the owner and the agency and approved by the commission, the commission
shall announce its approval thereof by appropriate order, and the agency shall by resolution
or ordinance, as the case may be, authorize and direct the execution on the part of the agency
of such contract in writing and other instrument and take any and every other action with
reference thereto necessary or appropriate to consummate such...
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6-10-37
Section 6-10-37 Contest of exemption claim - Garnishment of money, choses in action or personal
property. When money, choses in action or personal property are garnished and the defendant
claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing,
verified by oath, in the court in which such proceedings are pending, accompanied by a statement
setting forth the personal property, choses in action, and money and the location and
value thereof, as required in the statement to be filed under the provisions of Section 6-10-29.
Such claim the plaintiff, in person or by his agent or attorney, may contest as in cases of
contest after declaration filed, and such contest shall be tried and determined as other contests
of claims of exemptions are tried and determined. If the defendant has notice of the garnishment,
the claim of exemption must be interposed before judgment of condemnation, but if not, such
judgment shall not operate to impair or affect his claim of...
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8-8-12
Section 8-8-12 Enforcement of usurious contracts. (a) Except as otherwise permitted by law,
all contracts for the payment of interest upon the loan or forbearance of goods, money, things
in action, or upon any contract whatever at a higher rate than is prescribed in this chapter
are usurious and cannot be enforced except as to the principal. (b) The borrower of money
at a usurious rate of interest shall not in any case be required to pay more than the principal
sum borrowed, and if any interest has been paid, the same must be deducted from the principal
and judgment entered for the balance only; provided, however, that the defense of usury may
not be pleaded against a holder in due course of any negotiable instrument. (Code 1852, §1523;
Code 1867, §1831; Code 1876, §2092; Code 1886, §1754; Code 1896, §2630; Code 1907, §4623;
Code 1923, §8567; Acts 1931, No. 650, p. 783; Code 1940, T. 9, §65.)...
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11-86A-15
Section 11-86A-15 Security for bonds. (a) In the discretion of the board of directors of an
authority, any bonds may be secured by an indenture between an authority and a trustee, which
may be a trust company or bank having trust powers, whether the trust company or bank is located
within or outside of the state. In any indenture or resolution providing for the issuance
of bonds, an authority may pledge, for payment of the principal of and the interest on such
bonds, any of its revenues to which its rights exist or may thereafter come into existence,
and may assign, as security for payment, any of its leases, franchises, permits, and contracts.
In any indenture, an authority may mortgage any properties, including any that may be thereafter
acquired by it, and may provide that in the event of a default in payment of the bonds secured
thereby or in the event of default with respect to any agreement contained therein, the mortgage
may be foreclosed either by sale at public outcry or by...
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31-2-91
Section 31-2-91 Security for costs in certain actions against National Guard members to be
given by plaintiff. Any person bringing a civil or criminal action against a member of the
National Guard of this state for any act done while in discharge of his military duty shall
give security for the costs and reasonable attorney's fees incurred by the state or defendant
in defending the same, in the same manner and subject to the same regulations applicable in
the case of a nonresident plaintiff, and, if the plaintiff fails to recover, such attorney's
fees may be taxed with the costs and judgment therefor entered against him and his sureties
on the bond. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §120; Acts 1973, No.
1038, p. 1572, §92.)...
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4-3-54
Section 4-3-54 Bonds - Security for payment of principal and interest. In the discretion of
the authority, any bonds may be issued under and secured by an indenture between the authority
and a trustee. Said trustee may be a private person or corporation, including, but not limited
to, any trust company or bank having trust powers, whether such bank or trust company is located
within or without the state. In any such indenture or resolution providing for the issuance
of bonds, the authority may pledge for payment of the principal of and the interest on such
bonds any of its revenues, rents, income or funds to which its right then exists or may thereafter
come into existence and may assign, as security for such payment, any of its leases, franchises,
permits and contracts and, in any such indenture, the authority may mortgage any of its properties,
including any that may be thereafter acquired by it. Any such pledge of revenues shall be
valid and binding from the time it is made, and the...
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6-3-2
actions - Against individuals. (a) In proceedings of a legal nature against individuals: (1)
All actions for the recovery of land, of the possession thereof, or for a trespass thereto
must be commenced in the county where the land or a material part thereof lies. (2) All actions
on contracts, except as may be otherwise provided, must be commenced in the county in which
the defendant or one of the defendants resides if such defendant has within the state a permanent
residence. (3) All other personal actions, if the defendant or one of the defendants
has within the state a permanent residence, may be commenced in the county of such residence
or in the county in which the act or omission complained of may have been done or may have
occurred. (b) In proceedings of an equitable nature against individuals: (1) All actions where
real estate is the subject matter of the action, whether it is the exclusive subject matter
of the action or not, must be commenced in the county where the same or a...
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6-6-283
Section 6-6-283 Demanding abstract of title to be relied on for recovery or defense; proceedings
upon failure to furnish same. In all actions or proceedings involving the title or right of
possession to land, either party may, by notice in writing to the opposing party or his attorney
of record not less than 10 days before the trial, demand an abstract in writing of the title,
or titles, on which he will rely for recovery or defense, and such party must be confined
to the proof of such title or titles upon the trial. If either party, after such demand and
notice, fails to furnish such abstract of title, the party so demanding may move the court
to require the party in default to furnish the abstract of title, and the court may enter
an order requiring the party so in default to furnish the abstract of title within the time
to be fixed by the order of the court. Upon failure to comply with such order, the court must
dismiss the action or proceeding if the plaintiff is in default or may...
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