0 chapters · 908 sections in this title.
Ala. Code § 6-8-1 Trial of Title or Adverse Claim Issues
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In actions for partition of lands, either by metes and bounds or by sale for division when the same cannot be equitably partitioned among the owners, if the defendant denies the title of the plaintiff or asserts an adverse claim or title in himself, the circuit court need not dis…
Ala. Code § 6-8-100 Answer of Tender; Judgment Thereon
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An answer of tender of money or of a thing in action must be accompanied by a delivery of the money or such thing in action to the clerk of the court. If the tender is of ponderous articles or other personal property, the answer must aver a readiness to deliver it to the plaintif…
Ala. Code § 6-8-101 Litigation on Merits After Loss on Certain Defenses Not Bar to Raising
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of Same Defenses on Appeal. A party may raise the defenses of (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, and (5) insufficiency of service of process and, losing thereon, proceed to …
Ala. Code § 6-8-102 Filing of Copies in Place of Missing Pleadings, Etc
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If any of the original pleadings, motions, or other papers shall be lost, destroyed, or withheld by any person, the court may order a copy to be filed in the place of the missing original. History: (Code 1852, §2268; Code 1867, §2672; Code 1876, §3022; Code 1886, §2734; Code 1896…
Ala. Code § 6-8-103 Allowing Omissions in Testimony to Be Supplied
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The court may, at its discretion, at any time before the conclusion of the argument, when it appears to be necessary to the due administration of justice, allow a party to supply an omission in the testimony on such terms and under such limitations as the court may prescribe. His…
Ala. Code § 6-8-104 Limit of Two New Trials
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No more than two new trials can be granted the same party in any cause of action. History: (Code 1852, §2267; Code 1867, §2671; Code 1876, §3021; Code 1886, §2738; Code 1896, ,§3314; Code 1907, §5354; Code 1923, §9519; Code 1940, T. 7, §277.)
Ala. Code § 6-8-20 Payment to Consular Officer of Estate or Land Sale Funds Due
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Nonrepresented Foreigners. Whenever upon the settlement of an estate or upon the sale of lands for division in any court of this state it is shown that any of the heirs, distributees, or other persons entitled to share in the funds derived therefrom, whether adults or minors, are…
Ala. Code § 6-8-30 Power to Have Abstract of Title Made; Inspection Thereof by
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Prospective Purchasers; Costs of Abstract. (a) Whenever any court shall order the sale of any real estate or interest therein, the court shall have power to have an abstract of the title of the property to be sold to be made by some competent person or company, which said abstrac…
Ala. Code § 6-8-40 Subscribing, Taking, and Filing of Weekly Newspapers by Probate
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Judges. (a) Required. The judges of the several courts of probate must subscribe for, take and file in their respective offices one copy of each weekly newspaper published in their respective counties and, as soon as practicable after the end of each year, shall cause the number …
Ala. Code § 6-8-41 Hours of Sale
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All public sales shall be made between the hours of 11:00 A.M. and 4:00 P.M., but in the event such sale is not completed by 4:00 P.M., the same may continue until 5:00 P.M. History: (Code 1923, §9267; Code 1940, T. 7, §723.)
Ala. Code § 6-8-60 Designation of Newspaper for Publication of Notice; Publication
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Requirements. (a) The party in interest or at whose instance the publication of notice is to be given by advertisement in a newspaper may designate the newspaper in which such advertisement shall be made. If the officer charged with the duty of making the advertisement disregards…
Ala. Code § 6-8-61 Length of Publication When Not Otherwise Provided; Exception
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If the length of the publication is not otherwise prescribed, it must be for three successive weeks; provided, that the provisions of this section shall not apply to any sale held under the provisions of Section 7-9A-610. History: (Code 1876, §3972; Code 1886, §664; Code 1896, §3…
Ala. Code § 6-8-62 Timing and Duration of Publication; Internet Publication
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(a) When the notice is required to be given for a specified number of weeks, it must be given by consecutive weekly insertions for the number of weeks so specified. When the notice is of a proceeding to be had or of an act to be done on a specified day: (1) If the publication is …
Ala. Code § 6-8-63 Suspension or Discontinuance of Paper Making Publication Before
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Publication Made or Completed. If publication is commenced or is directed in a particular paper and before it is made or completed there is a suspension or discontinuance of the publishing of such paper, then the publication may be made or completed in some other newspaper publis…
Ala. Code § 6-8-64 Costs of Publication - Rates; Internet Publication; Applicability of
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Section. (a) The rate charged for publication of a public notice shall not exceed the lowest classified rate paid by or published on a rate card for commercial customers for an advertisement of similar size, and frequency in the same newspapers in which the public notice appears.…
Ala. Code § 6-8-65 Costs of Publication - Affidavit That No Agreement Exists Between
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Officer and Publisher, Etc., and That Sum Charged Is Lowest. All agreements between any officer charged with the duty of advertising legal notices in a newspaper and the printer, publisher, or manager of such paper whereby any advantage, gain, or profit is to accrue to such offic…
Ala. Code § 6-8-66 Copies of Each Issue of Paper Containing Advertisement to Be
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Furnished to Parties. The publisher or manager of the newspaper must send to the officer or person making the advertisement a copy of each issue of the paper containing it, and a copy of such paper must be sent by mail to the person to whom the notice is directed, if his post off…
Ala. Code § 6-8-67 Newspapers as Evidence of Publication
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The newspapers containing the advertisement shall be received as evidence of the fact of publication. History: (Code 1886, §672; Code 1896, §3051; Code 1907, §5192; Code 1923, §9270; Code 1940, T. 7, §726.)
Ala. Code § 6-8-68 Executors, Administrators, and Guardians in Probate Court
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In all cases where notice is required by law to be given to executors, administrators, and guardians in the probate court, if affidavit shall be made that such executor, administrator, or guardian has been absent from the state for more than three months last passed, such notice …
Ala. Code § 6-8-69 Postponement of Sale; Publication of Original Notice
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Whenever it becomes necessary to postpone any sale that has been advertised to occur on a certain day, the same may be postponed by the auctioneer or attorney announcing, at the time set for sale, the date to which said sale is postponed; and the original notice shall be publishe…
Ala. Code § 6-8-80 Judgments
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Judgments may be set off against each other by a district or circuit court on motion. History: (Code 1852, §2242; Code 1867, §2644; Code 1876, §2993; Code 1886, §2680; Code 1896, §3730; Code 1907, §5861; Code 1923, §10175; Code 1940, T. 7, §353.)
Ala. Code § 6-8-81 Debt or Liquidated Demand Due Comaker or Principal
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A comaker or surety against whom an action is commenced jointly or alone may, with the consent of his comaker or principal, counterclaim a debt or liquidated demand due from the plaintiff at the commencement of the action to such comaker or principal. History: (Code 1852, §2243; …
Ala. Code § 6-8-82 Exemptions - Wages of Head of Family
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The wages or hire of any head of a family in this state, not having property liable to levy and sale under execution, cannot be defeated or abated by any counterclaim of a money demand acquired by the person contracting to pay such wages by assignment or transfer, unless the part…
Ala. Code § 6-8-83 Exemptions - Negotiated Commercial Paper
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Paper governed by the commercial law, negotiated before maturity, is not subject to counterclaim. History: (Code 1852, §2244; Code 1867, §2646; Code 1876, §2995; Code 1886, §2684; Code 1896, §3733; Code 1907, §5864; Code 1923, §10178; Code 1940, T. 7, §356.)
Ala. Code § 6-8-84 Effect of Statute of Limitations
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When the defendant pleads a counterclaim to the plaintiff’s demand, to which the plaintiff replies the statute of limitations, the defendant is nevertheless entitled to his counterclaim, where it was a legal subsisting claim at the time the right of action accrued to the plaintif…
Ala. Code § 6-8-85 Judgment for Defendant - Permissive Counterclaims
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If the debt or demand permissively counterclaimed exceeds the amount of the plaintiff’s demand, the amount of such excess being found by the jury or court trying the same, judgment must be entered against the plaintiff for costs and in favor of the defendant for such excess, and …
Ala. Code § 6-8-86 Judgment for Defendant - Compulsory Counterclaims
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On a compulsory counterclaim, if the claim or demand of the defendant equals the claim or demand of the plaintiff, judgment must be entered for the defendant; if the claim or demand of the defendant exceeds the claim or demand of the plaintiff and the plaintiff is the party liabl…