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35-6-25
Section 35-6-25 Service of process on certain parties defendant; guardian ad litem; judgment
not affected by death of defendant; section cumulative. (a) When it is necessary to make any
person a party defendant in any partition proceedings brought under the provisions of this
article for partition sale of land, or any interest therein and the plaintiff, after exercising
reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such
defendant is alive at the time of the filing of the complaint, the facts showing just what
diligence the plaintiff has exercised must be specifically alleged in the complaint, and such
defendant may then be made a party, by publication as in the case of unknown defendants, in
his name followed by the words: " ____ and his heirs or devisees, if deceased."
If the defendant so sued does not appear in person or by attorney before expiration of the
time for filing pleadings in the case, the court shall appoint a guardian ad litem to...
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6-6-561
Section 6-6-561 Contents of complaint. A complaint under this division must be brought against
the land or the interest therein sought to be established. It must describe said land or the
interest therein sought to be established, with certainty, and state specifically what claim,
title, or interest in, or to, said lands the plaintiff claims to have and from whom and how
such interest or title so claimed in, or to, said lands was obtained. It shall also make party
or parties defendant to said complaint all persons against whom the plaintiff claims title
to said lands, or the interest therein sought to be established, and if the names of such
persons cannot be ascertained by the plaintiff with certainty, they may be designated and
joined as unknown parties. Such complaint shall also make party or parties defendant thereto
all persons who are known to the plaintiff to have had possession of said lands, or any part
thereof, within 10 years next preceding the filing of the complaint, or...
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37-14-12
Section 37-14-12 Judicial determination of legality, etc., of article - Contents of complaint;
order and notice of hearing to show cause; intervention. (a) The complaint by appropriate
allegations, references and/or exhibits shall briefly state the following: the authority for
the purchase and sale of distribution facilities and other transactions and restrictions under
this article; the nature of any franchise heretofore issued by a municipality which will be
affected; a general description of restrictions imposed by this article; the proposed date
when the purchase and sale or other transaction is to be effective, and the impact which such
restrictions and sale shall have on the parties and the public. (b) The judge of said court
shall, upon the filing and presentation of said complaint, issue an order against the citizens
of the state, and other defendants requiring them to show cause, at a time and place to be
designated in said order, which time shall be not less than 35 days nor...
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37-14-38
Section 37-14-38 Validation procedure; authorization for validation of provisions of article.
In order to foster and encourage the underlying policies of this article and to assure that
sales and purchases of distribution facilities, and other transactions and actions authorized
or allowed by this article may be conducted in good faith with a knowledge of the validity
of the provisions hereof, and further, to assure that irrevocable commitments are not made
in the implementation of the provisions of this article without the assurance of their legality
and validity, the following judicial review process is hereby authorized and it is declared
to be the legislative intent that the provisions of this statute be judicially reviewed and
validated pursuant to the procedure set forth herein and that the circuit court enter a judgment
in accordance with the procedure set forth herein. (1) FILING OF COMPLAINT FOR DETERMINATION
AS TO LEGALITY OF PROVISIONS OF ARTICLE. - At any time subsequent to...
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6-5-734
Section 6-5-734 Pleading requirements; stay of discovery. (a) In any action exempted under
subdivision (1) of Section 6-5-733, the complaint initiating the action shall state with particularity
for each defendant and cause of action all of the following: (1) The statute, rule, or other
law of the state or of the United States that allegedly creates the cause of action. (2) Each
element of the cause of action and the specific facts alleged to satisfy each element of the
cause of action. (3)a. The exemption under subsection (a) being relied upon and the specific
facts that allegedly demonstrate that the violation of the statute, rule, or other law in
subdivision (1) proximately caused actual injury to the plaintiff. b. In any action exempted
under subdivision (2) of Section 6-5-733, in addition to the foregoing pleading requirements,
the complaint initiating the action shall state with particularity facts sufficient to support
a reasonable inference that the violation was with intent to...
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35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant. When
it is necessary to make any persons defendant to a petition in the probate court filed for
the partition of property or for a sale thereof because it cannot be equitably divided, and
the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
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18-1A-75
Section 18-1A-75 Recording notice of pending action; amendment of complaint after notice filed;
notice of dismissal. (a) After commencement of a condemnation action, the plaintiff shall
cause a notice of the pendency of the proceedings to be recorded in the office of the probate
court in each county in which any real property described in the complaint is located. (b)
The notice shall contain: (1) The title of the action and the probate court, docket number
if available, and date of filing of the complaint; (2) A legal description of the real property
sought to be taken as described in the complaint; and (3) The name of each plaintiff and each
defendant designated in the complaint. (c) The notice shall be filed for record and indexed
in the same manner as a notice of lis pendens in other cases. (d) If after the filing of a
notice the complaint in the action is amended to enlarge the quantity of, or nature of the
interest in, the real property to be taken, or to add or substitute...
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2-29-6
Section 2-29-6 Proceedings for review of denial or revocation of permit by commissioner. Any
act of the commissioner in refusing to grant or in revoking any permit may be reviewed by
the circuit court of the county in which the business affected is or is proposed to be located,
upon filing of a complaint in such court, within 10 days after notice to the applicant or
permittee of the commissioner's decision. Such complaint shall be entitled in the name of
the applicant or permittee as plaintiff against the commissioner as defendant. Such complaint
shall set forth the action of the commissioner complained of and request its reversal. It
shall be the duty of the commissioner to serve an answer to such complaint within 30 days
after being notified by the plaintiff of its filing. The action shall be heard de novo by
the court. The judge of the circuit court shall determine from the evidence whether the refusal
or revocation of the permit is or is not justified under this chapter and enter...
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36-25A-9
Section 36-25A-9 Enforcement; hearings; penalties and remedies. (a) This chapter is designed
and intended to hold members of governmental bodies, and the bodies themselves, accountable
to the public for violations of this chapter. Therefore, enforcement of this chapter, except
a violation of Section 26-25A-3(a)(1), may be sought by civil action brought in the county
where the governmental body's primary office is located by any media organization, any Alabama
citizen impacted by the alleged violation to an extent which is greater than the impact on
the pubic at large, the Attorney General, or the district attorney for the circuit in which
the governmental body is located; provided, however, that no member of a governmental body
may serve as a plaintiff in an action brought against another member of the same governmental
body for an alleged violation of this chapter. The complaint shall be verified, shall state
specifically the applicable ground or grounds for the complaint as set out...
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37-14-13
Section 37-14-13 Judicial determination of legality, etc., of article - Hearing; entry of judgment;
appeals. At the time and place designated in said order, the judge of said circuit court shall
proceed to hear and determine all questions of law and of fact in said civil action, and he
shall make such order, or orders, as to the proceedings in said civil action as will best
preserve and protect the interests of all parties and to enable him to enter a final judgment
with the least possible delay. The final judgment shall find the facts specially and shall
state separately the judge's conclusions with regard to any and all legal issues raised with
regard to any of the provisions of this article and proposed purchase and sale of distribution
facilities and other transactions and restrictions under this article, together with other
matters raised in the complaint, and shall state the judge's conclusions of law thereon. Any
citizen of the state may appear in such proceedings, either...
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