Title 6

A motion to dissolve will lie to the granting of a preliminary injunction only for matters subsequently occurring. (Code 1907, §4532; Code 1923, §8308; Code 1940, T. 7, §1058.)

No temporary restraining order or preliminary injunction shall ever issue to any municipality of this state, its officers, agents, or employees, enjoining or restraining the enforcement of any ordinance of such municipality, whether valid or invalid, or any proceedings thereunder…

(a) The unauthorized or unlawful practice of any profession, occupation or calling by any person, firm, or corporation may be enjoined by any court of competent jurisdiction on complaint brought in the name of any public body or officer having authority conferred by statute to re…

(a) When any person over 19 years of age or any person under 19 years of age who has been relieved of the disabilities of nonage is, by reason of intemperance, unfit to manage his estate, or is wasting or squandering it and thereby in danger of being reduced to poverty and want, …

Pending such action, the judge must, by injunction or otherwise, secure the estate against further waste, but no such order affects the rights of creditors acquired previous to the commencement of the action. (Code 1867, §2402; Code 1876, §2818; Code 1886, §2505; Code 1896, §838;…

If the allegations of the complaint are admitted, either expressly or by failure to answer thereto, or it is established by proof that the allegations of the complaint are true and that such person is wasting his estate, or is for the cause alleged unfit for its management, so th…

The trustee appointed under this article must manage and superintend the affairs of the estate and, from the avails thereof, provide for the support of such intemperate person and his wife and children, if any, which support must be suitable to the means and estate of such intemp…

The court making such appointment may direct and control the trustee in the management of the trust estate and has jurisdiction of the settlements, partial and final, of his accounts. (Code 1896, §841; Code 1907, §4616; Code 1923, §8560; Code 1940, T. 7, §1069.)

The trustee must, at least once in three years, make partial settlement of his accounts and may be required to do so at any time; and, on the termination of the trust, he or, if he is dead, his personal representative must make final settlement thereof, such settlement to be gove…

Such trustee is entitled, for his services, to such compensation as is allowed guardians. (Code 1896, §843; Code 1907, §4618; Code 1923, §1071; Code 1940, T. 7, §1071.)

On the petition of the person whose estate has been committed to the control of a trustee, on notice to such trustee and on satisfactory proof of the reformation of such intemperate person and of his fitness to have charge of his estate, the judge must order it to be restored. (C…

(a) When any person is in peaceable possession of lands, whether actual or constructive, claiming to own the same, in his or her own right or as a personal representative or guardian, and his or her title or any part thereof is denied or disputed or any other person claims or is …

The complaint authorized by Section 6-6-540 must describe the lands with certainty, must allege the possession and ownership of the plaintiff and that the defendant claims, or is reputed to claim, some right, title, or interest in, or encumbrance upon, such lands and must call up…

If the defendant shall answer claiming any estate, interest in, or encumbrance upon the lands, he must, in his answer, specify and set forth the title, claim, interest, or encumbrance so claimed and, if not claimed in or upon the whole of such lands, he must specify and describe …

Upon the application of either party in a proceeding under Section 6-6-540, a trial by jury shall be directed to determine the issues or any specified issue of fact presented by the pleadings, and the court is bound by the result, but may, for sufficient reasons, order a new tria…

Within 30 days after a judgment entered under this division becomes final, with no possibility of post-trial motions or appellate review the prevailing party shall file a certified copy of the judgment for record in the probate court of the county in which the land lies and assum…

(a) No judgment for costs shall be had under this division against a defendant against whom a plaintiff receives a default judgment or who, in his or her answer, disclaims all title to, interest in, or encumbrance on the lands. The court, in those cases and without further proof,…

The state may commence an action under the provisions of this division to quiet the title to any lands belonging to the state, any school lands or any lands belonging to any educational or charitable institution which is wholly or partially supported by the state, whether the sta…

When any person, natural or artificial, claims, either in his own right or in any representative capacity whatsoever, to own any lands or any interest therein, and is in the actual, peaceable possession of the land, or if neither he nor any other person is in the actual possessio…

A complaint under this division must be brought against the land or the interest therein sought to be established. It must describe said land or the interest therein sought to be established, with certainty, and state specifically what claim, title, or interest in, or to, said la…

On the filing of a complaint as authorized under Section 6-6-560, should it appear that any of the defendants are infants or persons of unsound mind or should the identity of some, or all, of said defendants be unknown, the court shall forthwith appoint a guardian ad litem to rep…

If any of the parties set out in Section 6-6-562, whose names are known, reside in the State of Alabama, a copy of the complaint must be served upon them, in the same manner that process is served on defendants in civil actions. If any of the aforementioned parties reside out of …

Notice of the pendency of the complaint provided for in Section 6-6-561 shall be drawn and signed by the register or clerk of the court in which the proceeding is pending, and the register or clerk shall have such notice published once a week for four consecutive weeks in some ne…

All defendants shall have 30 days from the date of service to answer the complaint, and those served by publication shall have 30 days after the perfection of such service so to answer. In default of answers by any defendants, judgments by default shall be entered against them, i…

(a) Against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons not intervening in said case and claiming an interest in said lands prior to the time the case became at issue, proof of actual, peaceable pos…

The allegations of the complaint shall not be taken as confessed for the failure of any person to answer the complaint, and in all cases, the interest or title sought to be established in or to the lands must be shown by legal evidence. (Acts 1923, No. 526, p. 699; Code 1923, §99…

Any person may, during the pendency of proceedings under this division, and at any time before the entry of the final judgment hereunder, intervene in said action and file a claim therein, and propound his title to the property described in the complaint or to the interest therei…

If, upon the hearing of the case set out under Section 6-6-561, the title to the lands or any part of the lands described in the complaint or any interest claimed by the plaintiff, counterclaimant, or claimant, in said property, or any part thereof, be duly proved, the court shal…

(a) The court, in the judgment, shall order that a certified copy of the judgment be recorded in the office of the judge of probate for the county in which the lands lie, and direct in whose names the judgment shall be indexed on the direct index and in whose names the judgment s…

(a) The court may assess the cost of a hearing held pursuant to the terms of this division, including the fee of the guardian ad litem, to the plaintiffs, provided that if any defendant files counterclaims or any person intervenes, the cost shall be assessed by the court as justi…

When title or interest is established in anyone under the provisions of this division, it shall inure to the benefit of all persons who derive title to said lands, or any interest, from or through the person in whose favor such title or interest is so established, and such title …

The remedy and procedure mentioned in this division shall be cumulative and not exclusive of any other proceedings to quiet title to real property. (Acts 1923, No. 526, p. 699; Code 1923, §9928; Code 1940, T. 7, §1132.)

(a) An action may be commenced under this article, in the name of the state, against the offending corporation, on the information of any person for the purpose of vacating the charter or annulling the existence of any corporation, other than municipal, whenever such corporation:…

(a) An action may be commenced in the name of the state against the party offending in the following cases: (1) When any person usurps, intrudes into or unlawfully holds or exercises any public office, civil or military, any franchise, any profession requiring a license, certific…

The complaint in an action under this article must concisely and clearly set forth the act or omission complained of. (Code 1852, §2660; Code 1867, §3088; Code 1876, §3428; Code 1886, §3174; Code 1896, §3428; Code 1907, §5461; Code 1923, §9940; Code 1940, T. 7, §1144.)

(a) The court is at all times open for the trial of a case or the granting of orders therein. The summons shall be returnable 10 days from the date of issuance, and if five days’ service is not had before such return day, the summons is returnable to the first day after the expir…

When the action is against persons acting as a corporation without being duly incorporated, the alleged corporation may be joined as a party defendant, and such joinder does not admit its corporate existence or otherwise prejudice the case of the plaintiff. A judgment and executi…

Whenever an action is commenced under the provisions of this article on the information of any person, his name must be joined as plaintiff with the state. (Code 1852, §2657; Code 1867, §3085; Code 1876, §3425; Code 1886, §3172; Code 1896, §3426; Code 1907, §5459; Code 1923, §993…

On the death of the informant pending the action, it may be continued in the name of the surviving informant or of any person who, on application, having first given security for the costs, is substituted in his place; but, on the death of all the informants, if no person is subs…

(a) When the action is commenced against a person for usurping an office, the name of the person rightly entitled to the office, with a statement of his right thereto, may be added, and, when added, judgment may be entered upon the right of the defendant and also upon the right o…

The validity of an election which may be contested under this Code cannot be tried under the provisions of this article. (Code 1852, §2664; Code 1867, §3092; Code 1876, §3432; Code 1886, §3177; Code 1896, §3431; Code 1907, §5464; Code 1923, §9943; Code 1940, T. 7, §1147.)

If it is adjudged that a corporation against which an action has been commenced under this article has, by neglect, abuse or surrender, forfeited its corporate rights, privileges, and franchises, judgment must be entered that the corporation be excluded from such corporate rights…

When a defendant, whether a natural person or a corporation, against whom such action has been commenced, is adjudged guilty of usurping or intruding into, or unlawfully holding or exercising, any office or franchise or unlawfully practicing any profession, judgment must be enter…

If an action under this article is maintained by the state alone and judgment is for the defendant or the defendant is insolvent, the witnesses are paid as in other state cases, but if any person is joined with the state as informant, judgment must be entered against him for the …

(a) On the dismissal of the action, judgment must be entered against the sureties of the informant for the costs. (b) In all cases under this article, in which judgment is entered against the informant for costs, execution may issue therefor against his sureties. (Code 1852, §§26…

The state, informant, or defendant may appeal to the Supreme Court in accordance with the Alabama Rules of Appellate Procedure. (Code 1852, §2670; Code 1867, §3098; Code 1876, §3438; Code 1886, §3183; Code 1896, §3437; Code 1907, §5470; Code 1923, §9949; Code 1940, T. 7, §1153.)