Title 6 — Title 6
0 chapters · 908 sections in this title.
Ala. Code § 6-7-1 Prosecution or Defense of Actions in Name of Husband or Father
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When a husband or father has deserted his family, is confined in a hospital operated by the Alabama Mental Health Department, not having been declared of unsound mind, or is imprisoned for a term of two years or more under a conviction for crime, the wife or mother may prosecute …
Ala. Code § 6-7-100 Substitution Pending an Action - Guardian for Next Friend
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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 t…
Ala. Code § 6-7-101 Substitution Pending an Action - Death of Ward
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If, pending an action, a ward should die, his or her personal representative may be made the party plaintiff or, if the nature of the case requires it, his or her heirs may be made parties plaintiff upon a motion served, as provided in the Alabama Rules of Civil Procedure. Histor…
Ala. Code § 6-7-102 Actions Against Guardians of Persons of Unsound Minds
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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. History: (Code 1867, §2432; C…
Ala. Code § 6-7-103 Action for Improper Appointment of Guardians Ad Litem; Statute of
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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 …
Ala. Code § 6-7-20 Persons in Federal Service and Spouses Living in State Deemed
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Residents for Purpose of Commencing Actions. (a) Any person in any branch or service of the government of the United States of America, including those in the military, air, and naval service, and the husband or wife of any such person, if he or she is living within the borders o…
Ala. Code § 6-7-30 Proceedings When Defendant Involved in Bankruptcy
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In any civil action in any court in this state in which the defendant has been adjudicated a bankrupt, in which a defendant has filed a petition in bankruptcy or against whom a petition in bankruptcy has been filed, it shall be the duty of the court in which such civil action is …
Ala. Code § 6-7-40 Action Against Cotenant or Coparcener
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A joint tenant, tenant in common, or tenant in coparcenary may commence an action against his cotenant or coparcener, or personal representative for receiving more than his lawful proportion. History: (Code 1923, §5685; Code 1940, T. 7, §101.)
Ala. Code § 6-7-50 Use of Nonconsenting Person’s Name by Another Plaintiff;
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Nonconsenting Person’s Right to Recovery. If any person necessary to be joined as plaintiff in any action or proceeding shall, upon request, not consent to join therein, his name may, nevertheless, be used by the other party plaintiff, upon filing with the clerk of the court an o…
Ala. Code § 6-7-70 Commencement of Action Against Partnership in Common Name or
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Against Any Associates Thereof. Two or more persons associated together as partners in any business or pursuit who transact business under a common name, whether it comprises the names of such persons or not, may be sued by their common name in all civil actions, whether hitherto…
Ala. Code § 6-7-80 Right to Commence Actions
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An action may be commenced by, and in the name of, any unincorporated organization or association. History: (Acts 1921, Ex. Sess., No. 13, p. 14; Code 1923, §5723; Code 1940, T. 7, §142.)
Ala. Code § 6-7-81 Commencement of Actions Against; Satisfaction of Judgment
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(a) Actions may be commenced against, and in the name of, any unincorporated organization or association for any cause of action for or upon which the plaintiff therein may commence such an action against the members of such organization or association. (b) Where a judgment in su…