|
6-7-102
Section 6-7-102 Actions against guardians of persons of unsound minds. The guardian of a person
of unsound mind may have an action commenced against him on any contract made by the ward,
for any tort committed by him while of sound mind or for necessaries furnished him or his
family before the appointment of a guardian. (Code 1867, §2432; Code 1876, §2795; Code 1886,
§2583; Code 1896, §21; Code 1907, §2480; Code 1923, §5690; Code 1940, T. 7, §106.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-7-102.htm - 789 bytes - Match Info - Similar pages
6-7-100
Section 6-7-100 Substitution pending an action - Guardian for next friend. If the action is
not for a personal injury to the ward, whether the ward is a minor or a person
of unsound mind, on the appointment of a guardian pending an action, such guardian may, on
application, be substituted for the next friend, and the action must proceed in the name of
the guardian for the use of the ward. (Code 1867, §2528; Code 1876, §2895; Code 1886, §2581;
Code 1896, §19; Code 1907, §2478; Code 1923, §5688; Code 1940, T. 7, §104.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-7-100.htm - 858 bytes - Match Info - Similar pages
42-2-4
Section 42-2-4 Appointment of guardian ad litem and counsel for infants and persons of unsound
mind. If the owner of the lands is an infant or is of unsound mind, the court, on the day
appointed for the hearing, must appoint a guardian ad litem to represent him, and the guardian
so appointed must file a written acceptance of the appointment, must appear and protect the
rights and interests of such infant or person of unsound mind and, if he deems it necessary,
may employ counsel to assist him. The compensation of such guardian and of his counsel must
be ascertained by the court and taxed as costs of the proceedings. (Code 1907, §2417; Code
1923, §3151; Code 1940, T. 59, §7.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/42-2-4.htm - 998 bytes - Match Info - Similar pages
6-5-70
Section 6-5-70 Furnishing liquor to minors. Either parent of a minor, guardian, or a person
standing in loco parentis to the minor having neither father nor mother shall have a right
of action against any person who unlawfully sells or furnishes spirituous liquors to such
minor and may recover such damages as the jury may assess, provided the person selling or
furnishing liquor to the minor had knowledge of or was chargeable with notice or knowledge
of such minority. Only one action may be commenced for each offense under this section. (Code
1907, §2467; Code 1923, §5673; Code 1940, T. 7, §120.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-70.htm - 918 bytes - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2-90.htm - 1K - Match Info - Similar pages
43-2-445
Section 43-2-445 Notice and hearing generally; time for hearing; appointment of guardian ad
litem. (a) The court must appoint a day, not less than 30 days from the time of making such
application, for the hearing thereof, and must appoint a proper person, not a petitioner or
of kin to a petitioner, as a guardian ad litem, to represent the minors or persons of unsound
mind, if any there be, and must issue a citation to the heirs or devisees of full age, and
residing in this state, notifying them of the application, and the day appointed for hearing
the same, which must be served on them 10 days before the day appointed for the hearing. (b)
If such application be for the sale of land for the payment of debts, notice must also be
given by publication, once a week for three successive weeks, in some newspaper published
in the county, or by posting up notice at the courthouse door and three other public places
in the county, at the discretion of the court. If no newspaper is published in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-445.htm - 1K - Match Info - Similar pages
6-7-103
Section 6-7-103 Action for improper appointment of guardians ad litem; statute of limitations
thereon; liability for suggestion of appointment by plaintiff, etc. (a) Any judge, register,
clerk, or other officer who shall knowingly appoint any person as guardian ad litem for any
infant or non compos mentis in violation of the provisions of the Alabama Rules of Civil Procedure,
shall be liable to a penalty of $200, which may be recovered by such infant or non compos
mentis, or his next friend suing for him, in an action in any court having jurisdiction of
civil actions for such amount. Such a claim shall not be barred by the statute of limitations
until after two years after the arrival of the infant at the age of 19 years or the restoration
of the non compos mentis to sanity. (b) Any plaintiff or petitioner, his attorney, or counsel,
or any person for him who shall suggest or nominate a guardian ad litem in any action commenced
by such plaintiff or petitioner shall be liable to the same...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-7-103.htm - 1K - Match Info - Similar pages
12-20-29
Section 12-20-29 Substitution of lost, etc., papers or records in civil cases - How made -
After determination of action or proceeding. If, after the determination of any civil action
or proceeding, the original papers, or any part thereof pertaining thereto, which are not
of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such
papers should be lost, mislaid, destroyed or mutilated or if the record of any judgment or
decree of any judicial proceeding or quasi-judicial proceeding, or any part thereof, should
be lost, mislaid, destroyed or mutilated, any party in interest may, on application in writing,
stating the facts, accompanied with the substitute proposed of such lost, mislaid, destroyed
or mutilated paper or record, verified by affidavit, obtain an order of substitution. If the
adverse party is of full age, of sound mind and a resident of the state, notice of the application
and a copy thereof, accompanied with a copy of the proposed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-20-29.htm - 2K - Match Info - Similar pages
43-8-201
Section 43-8-201 Contest in circuit court after admission to probate - Additional time for
contest by infants and persons of unsound mind. After the expiration of such six months, the
validity of the will can only be contested by infants and persons of unsound mind who had
no legal guardian at the time the will was admitted to probate, or who were not represented
by a guardian ad litem, who are allowed 12 months after the appointment of a guardian, or,
if none be appointed, 12 months from the termination of their respective disabilities in which
to contest such will, but in no case to exceed 20 years from the time the will was admitted
to probate; and also provided there has not been one contest instituted and prosecuted to
final judgment in the circuit court as is provided for in sections 43-8-199 and 43-8-200;
in which case the final judgment of the circuit court, court of civil appeals or supreme court
shall be final and conclusive against all parties. (Code 1852, §1656; Code 1867,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-201.htm - 1K - Match Info - Similar pages
6-9-143
Section 6-9-143 Liability of purchaser for not complying with terms of sale; form of action
against purchaser. (a) Any person who may become the purchaser of any real or personal
estate at any sale which may be made at public outcry by an executor, administrator or guardian
or by any sheriff or other officer under and by virtue of any execution or other legal process
and who shall fail or refuse to comply with the terms of such sale when requested so to do
shall be liable for the amount of such purchase money, and it shall be at the option of such
sheriff or other officer either to proceed against such purchaser for the full amount of the
purchase money or to resell such real or personal estate and then proceed against the
first purchaser for the deficiency arising from such sale. (b) The action provided for in
subsection (a) of this section may be commenced in the name of the sheriff or other officer
making the sale for the use of the plaintiff or defendant in execution or for any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-9-143.htm - 1K - Match Info - Similar pages
|