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26-9-14
Section 26-9-14 Filing of account of receipts and disbursements for settlement by guardian;
certification of copy thereof to veterans' administration; notice of hearing thereon. Every
guardian who shall receive on account of his or her ward any moneys from the administration
shall file with the court annually on the anniversary date of the appointment, in addition
to such other accounts as may be required by the court, a full, true, and accurate account
under oath of all moneys so received by him or her and of all disbursements thereof, showing
the balance thereof in his or her hands at the date of such account and how invested, including
a complete descriptive itemization of all investments, and must submit to the court for its
examination all securities and evidences of debt belonging to the ward, and the decree of
the court passing the settlement must recite that all securities and evidences of debt due
the ward have been presented to and examined by the court; provided, that in the...
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6-4-21
Section 6-4-21 Where no other provision for service of nonresident minors or insane persons.
Should there be no other provision by law or rule for service upon nonresident minors or insane
persons and proof is made before the clerk, register, or judge of the court in which the proceeding
is pending, he may direct in writing the mode of service or may appoint in writing a guardian
ad litem for such person without service. (Code 1923, §9449; Code 1940, T. 7, §339.)...
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6-6-225
Section 6-6-225 Questions on administration of trust or estate of a decedent, etc. Any person
interested as or through an executor, administrator, trustee, guardian, or other fiduciary,
creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration
of a trust, or of the estate of a decedent, infant, incompetent, or insolvent may have a declaration
of rights or legal relations in respect thereto: (1) To ascertain any class of creditors,
devisees, legatees, heirs, next of kin, or other; (2) To direct the executors, administrators,
or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) To determine any question arising in the administration of the estate or trust, including
questions of construction of wills and other writings. (Acts 1935, No. 355, p. 777; Code 1940,
T. 7, §159.)...
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6-6-370
Section 6-6-370 "Garnishment" defined. A "garnishment," as employed in
this article, is process to reach and subject money or effects of a defendant in attachment,
in a judgment or in a pending action commenced in the ordinary form in the possession or under
the control of a third person, or debts owing such defendant or liabilities to him on contracts
for the delivery of personal property, on contracts for the payment of money which
may be discharged by the delivery of personal property or on contracts payable in personal
property; and such third person is called the garnishee. (Code 1886, §2994; Code 1896, §2171;
Code 1907, §4300; Code 1923, §8051; Code 1940, T. 7, §995.)...
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12-11A-2
Section 12-11A-2 Qualifications; requirements. (a) Persons who may act as private judges shall:
(1) Have been, but are not actively serving as, a judge of a district, circuit, or probate
court and have served in the capacity of judge for at least six consecutive years. (2) Be
admitted to the practice of law in Alabama. (3) Be an active member in good standing of the
Alabama State Bar Association. (4) Be a resident of Alabama. (b) A person may act as a judge
of a case under this chapter only if all of the following occur: (1) All parties to the action
file a written petition with the circuit clerk of the court in which the action is pending
requesting a private judge and naming the person whom the parties wish to have as private
judge. The petition shall be accompanied by a form signed by the private judge selected consenting
to the appointment. (2) The case is one over which the court in which the former judge served
would have had subject matter and monetary jurisdiction. (3) The case...
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19-3B-305
Section 19-3B-305 Appointment of representative. (a) If the court determines that an interest
is not represented under this article, or that the otherwise available representation might
be inadequate, then the court may appoint a guardian ad litem or other representative to receive
notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated,
or unborn individual, or a person whose identity or location is unknown. (b) A guardian ad
litem or other representative may act on behalf of the individual represented with respect
to any matter arising under this chapter, whether or not a judicial proceeding concerning
the trust is pending. (c) In making decisions, a guardian ad litem or other representative
may consider general benefit accruing to the living members of the individual's family. (d)
A guardian ad litem or other representative may be appointed to represent several persons
or interests. (Act 2006-216, p. 314, §1.)...
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2-27-54
Section 2-27-54 License - Suspension, revocation or modification; appeals from actions of commissioner.
(a) The commissioner may suspend, pending inquiry, for not longer than 10 days and, after
opportunity for a hearing, may revoke or modify the provision of any license issued under
this section if he finds that the licensee is no longer qualified, has engaged in fraudulent
business practices in the custom application of pesticides or has made any custom application
of pesticides in a faulty, careless or negligent manner or has violated or fails or refuses
to comply with any of the provisions and requirements of this article, or regulations promulgated
thereunder. (b) Any person aggrieved by any action of the commissioner in refusing to issue
a license or in revoking any license may obtain a review thereof by filing an appeal to the
board within 15 days after notice of denial or revocation of the license has been received
by the applicant or licensee, which appeal must be heard by the...
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26-2B-203
Section 26-2B-203 Jurisdiction. (a) A court of this state has jurisdiction to appoint a guardian
or issue a protective order for a respondent if: (1) this state is the respondent's home state;
(2) on the date the petition is filed, this state is a significant-connection state and: (A)
the respondent does not have a home state or a court of the respondent's home state has declined
to exercise jurisdiction because this state is a more appropriate forum; or (B) the respondent
has a home state, a petition for an appointment or order is not pending in a court of that
state or another significant-connection state and before the court makes the appointment or
issues the order: (i) a petition for an appointment or order is not filed in the respondent's
home state; (ii) an objection to the court's jurisdiction is not filed by a person required
to be notified of the proceeding; and (iii) the court in this state concludes that it is an
appropriate forum under the factors set forth in Section...
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40-10-76
Section 40-10-76 Action for possession defeated on grounds other than that taxes were not due.
THIS SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1,
2020. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in any action brought
by the purchaser, or other person claiming under the purchaser, to recover the possession
of lands sold for taxes, a recovery is defeated on the ground that such sale was invalid for
any reason other than that the taxes were not due, the court shall forthwith, on the motion
of the plaintiff, ascertain the amount of taxes for which the lands were liable at the time
of the sale and for the payment of which they were sold, with interest thereon from the date
of sale, and the amount of such taxes on the lands, if any, as the plaintiff, or the person
under whom he claims, has, since such sale, lawfully paid or assumed by the state after its
purchase, with interest thereon from the date of such payment, the interest...
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40-10-77
Section 40-10-77 Defense of action fails on grounds other than that taxes were not due. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in an action brought against
such purchaser or other person claiming under the purchaser to recover possession of lands
sold for taxes, the defendant claims and defends under the tax title and the defense fails
on the ground that such sale was invalid for any reason other than that the taxes were not
due, and the plaintiff recovers, the court shall forthwith, on the motion of the defendant,
ascertain the amount of taxes for which the lands were liable at the time of the sale and
for the payment of which they were sold, with interest thereon from the day of sale, and the
amount of such taxes on the lands, if any, as the defendant or the person under whom he or
she claims has, since such sale, lawfully paid or assumed, in case of the state,...
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