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31-2-90
Section 31-2-90 Appointment of counsel to defend National Guard members in certain actions.
If a civil or criminal action shall be commenced in any court by any person against any member
of the National Guard of this state for any act or omission alleged to have been committed
by such member while on any duty under this chapter, or against any member acting under the
authority or order of any officer or by virtue of any warrant issued pursuant to law, the
Adjutant General shall investigate the allegation, and upon determination by the Adjutant
General that such person acted reasonably or in the line of duty, the Governor shall appoint
counsel to defend such person, but such counsel shall reasonably be acceptable to the defendant.
The cost and expense of any such defense shall be paid out of the regular or special appropriations
for the maintenance of the National Guard or the General Fund, in the discretion of the Governor.
Any determination by the Adjutant General or reasonableness or...
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11-47-191
Section 11-47-191 Institution of actions, entry, and execution of judgments against municipalities
and other persons or corporations jointly liable. (a) The injured party, if he institutes
a civil action against the municipality for damages suffered by him, shall also join such
other person or persons or corporation so liable as defendant or defendants of the civil action,
and no judgment shall be entered against the city or town unless judgment is entered against
such other person or corporation so liable for such injury, except where a summons is returned
not found as to a defendant or when judgment is entered in his favor on some personal defense,
and if a civil action be brought against the city or town alone and it is made to appear that
any person or corporation ought to be joined as a defendant in the action according to the
provisions in Section 11-47-190, the action shall be dismissed, unless the plaintiff amends
his complaint by making such party or corporation a defendant,...
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25-4-119
Section 25-4-119 Compromise or waiver of civil penalties or interest charges. The secretary
may compromise or waive any civil penalty or interest charge arising under the provisions
of this chapter instead of commencing a civil action thereon and may compromise any such penalty
or interest charge after a civil action thereon has been commenced. In such cases the secretary
shall keep on file in the office of the Department of Labor at Montgomery, Alabama, the reasons
for settlement by compromise, together with a statement of the amount of contribution imposed,
the amount of additional contribution or penalty or interest imposed by law in consequence
of neglect or delinquency, and the amount actually paid in accordance with the terms of the
compromise. (Acts 1939, No. 497, p. 721; Code 1940, T. 26, §236.)...
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6-5-284
Section 6-5-284 Instrument lost or destroyed by theft, etc.; evidence of loss, destruction
and contents; execution bond. (a) In an action commenced on a bond, note, bill of exchange,
or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is
made by the plaintiff of such loss or destruction and the contents thereof and that the same
has not been paid or otherwise discharged and accompanies the complaint, it must be received
as presumptive evidence both of the contents and loss or destruction of such instrument, unless
the defendant by answer, verified by affidavit, denies the execution of such bond, note, or
bill or the endorsement, acceptance, or the contents thereof, in which case proof of such
execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that
this section must not be so construed as to authorize an action for the recovery of bank notes
or bills issued to circulate as money and alleged to be lost or...
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6-6-286
Section 6-6-286 Proceedings upon defendant's suggestion of adverse possession. (a) When an
action is commenced to recover land or the possession thereof, the defendant may, at any time
before the trial, suggest upon the record that he, and those whose possession he has, have,
for three years next before the commencement of the action, had adverse possession thereof,
which must be construed to mean the same character of possession as will put in operation
the statute of limitations. In such case, if the jury finds for the plaintiff, it must also
ascertain by its verdict whether such suggestion is true or false. If the jury finds it to
be false, it must return a verdict for the damages as in ordinary cases. If the jury finds
it to be true, it must assess the value, at the time of trial, of the permanent improvements
made by the defendant, or those whose estate he has, and also ascertain by its verdict the
value of the lands and of the use and occupation thereof, not including the...
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27-26-5
Section 27-26-5 Reports of judgments and settlements; confidentiality; penalty. (a) Any insurance
company which sells medical liability insurance to Alabama physicians or their professional
corporations or professional associations, or to hospitals or other health care providers
shall be required to report to the state licensing agency which issues the license of the
physician, hospital, or other health care provider any final judgment or any settlement in
or out of court resulting from a claim or action for damages for personal injuries caused
by an error, omission, or negligence in the performance of professional services with or without
consent rendered by its policyholder within 30 days after entry of a judgment in court or
agreement to settle a claim in or out of court. (b) The report rendered to the appropriate
state agency shall consist of the name of the policyholder, or if the policyholder is a professional
corporation or professional association, the name of the physician or...
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11-48-41
Section 11-48-41 Appeals to circuit court from assessments - Conduct generally; right of jury
trial; entry of judgment and assessment of costs generally. The civil action may be tried
on the record without other pleadings, and the court shall hear all objections of the property
owners to said assessment and the amount thereof and shall determine whether or not such assessment
exceeds the increased value of such property by reason of the special benefits derived from
the improvement, and shall enter judgment accordingly. Such civil action shall be tried by
the judge without a jury, unless a jury trial is demanded at the time of filing appeal, in
which event the action shall be tried by a jury as in other civil actions. In the event the
court or jury shall not sustain the assessment for the full amount, the costs of the appeal
and trial in the circuit court shall be adjudged against the municipality. (Code 1907, §1394;
Code 1923, §2209; Acts 1927, No. 639, p. 753; Code 1940, T. 37,...
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37-1-155
Section 37-1-155 Action on bond. Any person, firm, company or corporation, who shall sustain
any loss, injury or damage by reason of such injunction or restraining order, may bring a
civil action on the bond in the name of the State of Alabama for its use and recover such
damages as it may have sustained, including any overcharge or excess rate or charge paid by
it on account of the suspension of said rates, charges or orders. (Code 1907, §5704; Code
1923, §9696; Code 1940, T. 48, §99.)...
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6-5-144
Section 6-5-144 Bond for preliminary injunction or temporary restraining order prior to hearing.
No preliminary injunction or temporary restraining order shall be issued before hearing in
any action commenced by a citizen or citizens under the provisions of this division unless
such citizen or citizens have made bond in such sum as may be fixed by the judge to whom the
application for such injunction or restraining order is made, such bond to be approved by
the register or clerk of the circuit court of the county in which the proceeding is filed
and to be payable and conditioned as provided by the Alabama Rules of Civil Procedure. (Acts
1919, No. 53, p. 52; Code 1923, §9283; Code 1940, T. 7, §1094.)...
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13A-6-161
Section 13A-6-161 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Before the Attorney General
commences any action under this article, the Attorney General may issue subpoenas to any person
to appear and produce relevant papers, documents, and physical evidence, and administer an
oath or affirmation to any person, in aid of any investigation or inquiry into possible violations
of this article. The subpoenas shall be served in accordance with the appropriate Alabama
Rules of Civil Procedure. Upon failure of a person without lawful excuse to obey such subpoena,
the Attorney General may apply to a court of competent jurisdiction for an order compelling
compliance. After an action is commenced, discovery may proceed in accordance with the Alabama
Rules of Civil Procedure. (Act 2018-506, §4.)...
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