6-6-181
Section 6-6-181 Complaint to compel discovery, etc., of property - Intent to hinder, delay,
or defraud creditors; charge of fraud to be answered; use of answer as evidence on fraud indictment.
(a) A complaint for discovery may be filed and the defendant compelled to answer such complaint
when the defendant is charged with having confessed or suffered a judgment, where no portion
or a part only of such judgment is due, with the intent to hinder, delay, or defraud creditors
or with having conveyed his property with the like intent. (b) A defendant may be compelled
to answer a complaint in the circuit court charging him with any fraud affecting the rights
or property of others. (c) No answer made to a complaint under the provisions of subsections
(a) and (b) of this section can be read in evidence against the defendant on an indictment
for any fraud charged in the complaint. (Code 1852, §§2988-2990; Code 1867, §§3443-3445;
Code 1876, §§3883-3885; Code 1886, §§3541-3543; Code 1896,...
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15-8-150
and beat C. D. (11) ABUSING, BEATING, ETC., ACCUSED PERSON. A. B. and C. D. did abuse, whip,
or beat E. F., upon an accusation that he had been guilty of stealing (or to force the said
E. F. to disclose where he was on the night of August 21, 1975, or to leave the country, etc.,
as the case may be.) (12) ASSAULT WITH STICK, ETC., WHILE INTIMIDATING WITH DEADLY WEAPON.
A. B. did assault and beat C. D. with a cowhide, stick or whip, having in his possession at
the time a pistol (or a bowie knife or other deadly weapon), with the intent to intimidate
the said C. D., and prevent him from defending himself. (13) ASSAULT WITH INTENT TO MAIM.
A. B. assaulted C. D. with the intent unlawfully, maliciously and intentionally to cut out
or disable his tongue, or to put out or destroy his eye, etc. (14) ASSAULT WITH INTENT TO
MURDER. A. B., unlawfully and with malice aforethought, did assault C. D., with the intent
to murder him. (15) ASSAULT WITH INTENT TO RAVISH. A. B. did assault C. D., a...
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12-17-224
Section 12-17-224 Special services division; worthless check unit; guidelines for processing
worthless check complaints; fees and restitution; collection and distribution. (a) Each district
attorney may establish a special services division which shall be under the direction and
control of the district attorney, and shall be organized for the following uses and purposes:
(1) A section of the special services division of each district attorney's office may be organized
as a worthless check unit. Each district attorney who elects to establish the unit shall assign
sufficient staff and resources to effectively operate the unit. The worthless check unit of
the special services division of the district attorney's office shall be created for the purpose
of processing worthless checks. (2) Procedures: a. COMPLAINT REFERRALS. After following the
requisites of Section 13A-9-13.1, any party holding a worthless negotiable instrument may
present a "complaint" to the worthless check unit of the...
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15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following forms
of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they
are applicable, but they are not exclusive, and any other form sufficient at common law, under
the statutes or any analogous or kindred pleadings, where no form is provided in this Code,
may be used: (1) CAPTION. - The following caption may be used as a part of each of the following
forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM OF PLEA.
- Comes the defendant (in his own proper person, or by attorney) and for plea says: The state
ought not further to prosecute this indictment against him because _____ (stating matter constituting
the plea). And this the defendant is ready to verify and prays judgment that he be discharged
(or it may conclude, "and of this he puts himself upon the country," whenever appropriate).
___, defendant or attorney for defendant. (3)...
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8-15-14
Section 8-15-14 Revocation of permit; liquidation of operation. (a) In the event that the Commissioner
of Agriculture and Industries upon a public hearing finds and determines that a public warehouse
is being operated in violation of law and regulations and in jeopardy of the public interest,
he shall thereupon revoke the permit to operate such public warehouse and, in his discretion,
he may take charge of the operation of such warehouse for the purpose of liquidating the same
under the direction of the circuit court having jurisdiction at the place of the operation
thereof and to operate same under the direction of the court for such time as may be necessary
to protect the public interest or to compel compliance with the laws and regulations relating
to the operation of public warehouses. (b) Upon taking charge thereof, the Commissioner of
Agriculture and Industries shall appoint in writing, under his hand and official seal, an
agent to assist him in the duty of liquidation and...
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2-2-31
Section 2-2-31 Seizure and condemnation of adulterated, misbranded or substandard article.
Any article, substance, material or product which is subject to the provisions of this article
which is adulterated, misbranded or under the standard, grade, weight or measure claimed,
within the meaning of any provision of law or rules and regulations under authority of law,
and which is manufactured for sale, held in possession with intent to sell, offered or exposed
for sale or sold or delivered within this state shall be liable to be proceeded against in
the circuit court of the county where the same is found and seized for confiscation by writ
of attachment for condemnation. Such writ shall issue upon the sworn complaint of the commissioner
or his duly authorized agent, taken by an officer authorized to administer an oath, to the
effect that such article or product is adulterated or misbranded or is under the standard,
grade, weight or measure claimed, as the case may be, within the meaning...
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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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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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6-6-180
Section 6-6-180 Complaint to compel discovery, etc., of property - Execution for money not
satisfied. When an execution for money from any court has been issued against a defendant
and is not satisfied, the plaintiff, or the person for whose benefit such execution is sued
out, may file a complaint against such defendant to compel the discovery of any property belonging
to him, or held in trust for him, and to prevent the transfer, payment or delivery thereof
to such defendant, except when the trust has been created by, or proceeded from, some other
person than the defendant himself; and the court may bring any other party before it and adjudge
such property, or the interest of the defendant therein, to the satisfaction of the sum due
the plaintiff. (Code 1852, §2987; Code 1867, §3442; Code 1876, §3882; Code 1886, §3540;
Code 1896, §814; Code 1907, §3735; Code 1923, §7338; Code 1940, T. 7, §893.)...
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13A-9-47
Section 13A-9-47 Defrauding judgment creditors. (a) A person commits the crime of defrauding
judgment creditors if he: (1) With fraudulent intent removes property subject to execution
from a county to prevent it being levied upon by an execution; or (2) Secretes, assigns, conveys
or otherwise disposes of property with intent to defraud a judgment creditor. (b) Defrauding
judgment creditors is a Class B misdemeanor. (Acts 1977, No. 607, p. 812, §4135.)...
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