Title 12 — Title 12
0 chapters · 1,267 sections in this title.
Ala. Code § 12-22-5 Final Judgment in Ad Quod Damnum Proceedings Under
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Condemnation Order. When an appeal is taken to the appropriate appellate court by either party pursuant to Rule 4, Alabama Rules of Appellate Procedure, from a final judgment in the circuit court in ad quod damnum proceedings under Section 18-1-20, the judgment of the circuit cou…
Ala. Code § 12-22-6 Judgments on Applications for Remedial Writs
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Appeals may be taken to the appropriate appellate court from the judgment of the circuit court on application for writs of certiorari, supersedeas, quo warranto, mandamus, prohibition, injunction and other remedial writs as provided by the Alabama Rules of Appellate Procedure; bu…
Ala. Code § 12-22-60 Liability of Clerk, Register or Probate Judge for Delayed or Defective
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Record. If, by reason of negligence or delay of the clerk, register or probate judge, the record on appeal is not delivered to the clerk of the appellate court in time to be filed or if the record on appeal is so defective that the appellate court cannot proceed thereon, the cler…
Ala. Code § 12-22-7 Applications for Temporary Restraining Orders Generally; Renewal of
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Applications. If any application is made to a circuit court judge for a temporary restraining order and refused, no other circuit court judge can act on the application. The application may be made to a judge of the Court of Civil Appeals or Supreme Court; if refused by a judge o…
Ala. Code § 12-22-70 Procedure Upon Reversal of Judgment or Decree
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The appellate court may, upon the reversal of any judgment or decree, remand the same for further proceedings or enter such judgment or decree as the court below should have entered or rendered, when the record enables it to do so. History: (Code 1852, §3034; Code 1867, §3502; Co…
Ala. Code § 12-22-71 Proceedings When Only Amount of Judgment Excessive
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When an appeal is taken to the appropriate appellate court from the judgment of any court and the appellate court shall be of the opinion that the case should be reversed because the judgment of the lower court is excessive and that there is no other ground of reversal, the appel…
Ala. Code § 12-22-72 Affirmation of Stayed Judgment - Generally
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When a judgment or decree is entered or rendered for money, whether debt or damages, and the same has been stayed on appeal by the execution of bond, with surety, if the appellate court affirms the judgment of the court below, it must also enter judgment against all or any of the…
Ala. Code § 12-22-73 Affirmation of Stayed Judgment - Right of Property
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When an appeal is taken on a trial of the right of property and the judgment is stayed by the execution of a supersedeas bond, if the appellate court affirms the judgment of the court below, it must also enter judgment against the obligors in said bond for the amount of the costs…
Ala. Code § 12-22-73.1 Applicability of 1987 Amendment to Sections 12-22-72 and 12-22-73
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On the effective date of Act No. 87-188 [June 11, 1987], the provisions contained therein shall apply to all causes of action not yet filed, any lawsuit upon which any judgment has not been rendered and/or all judgments which have not been affirmed by an appropriate appellate cou…
Ala. Code § 12-22-74 Affirmation of Stayed Judgment - Recovery of Chattels in Specie
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Upon the affirmance of a judgment for the recovery of chattels in specie, judgment for which has been stayed by the execution of a supersedeas bond, the court must also enter judgment against the obligors in said bond for 10 percent of the alternative value of such property as fi…
Ala. Code § 12-22-75 Execution Upon Dismissal of Appeal or Affirmation of Judgment, Etc
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When an appeal shall be prosecuted from a judgment to the appropriate appellate court and such appeal is dismissed or the judgment is affirmed, upon a certificate of judgment of the appellate court being filed in the office of the clerk of the court from which the case was origin…
Ala. Code § 12-22-76 Execution by Lower Courts for Unpaid Costs
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Clerks of the circuit court and probate judges, when cases have been taken from their respective courts to an appellate court by appeal or other lawful mode and been there decided, if the costs accruing in such lower courts for transcripts, or otherwise, are not paid by the parti…
Ala. Code § 12-22-8 Applications to Supreme Court or Court of Civil Appeals for Temporary
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Restraining Orders or Other Equitable Process. No application shall be made to a justice of the Supreme Court or a judge of the Court of Civil Appeals for a temporary restraining order or other equitable process which may be granted by any other judge or officer unless the same h…
Ala. Code § 12-22-9 Order Appointing or Refusing to Appoint Receiver
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An appeal will lie to the appropriate appellate court from an order appointing or refusing to appoint a receiver. History: (Code 1867, §4422; Code 1876, §3921; Code 1886, §2614; Code 1896, §429; Code 1907, §2840; Code 1923, §6082; Code 1940, T. 7, §758.)
Ala. Code § 12-22-90 Appeals in Habeas Corpus
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(a) Any party aggrieved by the judgment on the trial of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney or other prosecuting officer or attorney may take an appeal on behalf of the state to the appropriate appellate court when, on habeas c…
Ala. Code § 12-22-91 Appeal When Statute Under Which Prosecution Preferred Held
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Unconstitutional. In all criminal cases when the act of the Legislature under which the indictment or information is preferred is held to be unconstitutional, the district attorney may take an appeal in behalf of the state to the Supreme Court, which appeal shall be certified as …