reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 2 - Change and Transfer. › Section 6-3-21.1 - Change or Transfer of Venue for Convenience of Parties and Witnesses or in Interest of Justice.

Section 6-3-21.1
Change or transfer of venue for convenience of parties and witnesses or in interest of justice.
(a) With respect to civil actions filed in an appropriate venue, any court of general jurisdiction shall, for the convenience of parties and witnesses, or in the interest of justice, transfer any civil action or any claim in any civil action to any court of general jurisdiction in which the action might have been properly filed and the case shall proceed as though originally filed therein. Provided, however, this section shall not apply to cases subject to Section 30-3-5.
(b) The right of a party to move for a change or transfer of venue pursuant to this statute is cumulative and in addition to the rights of a party to move for a change or transfer of venue pursuant to Section 6-3-20, Section 6-3-21, or Alabama Rules of Civil Procedure.
(Acts 1987, No. 87-181, p. 242, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 2 - Change and Transfer. › Section 6-3-22 - Certification and Delivery of Docket Sheet and Other Papers Upon Change or Transfer; Notice of Change or Transfer; Time for Answer.

Section 6-3-22
Certification and delivery of docket sheet and other papers upon change or transfer; notice of change or transfer; time for answer.
When a change or transfer of venue has been ordered pursuant to Section 6-3-20 or Section 6-3-21, the clerk of the court shall make a copy of the docket sheet in the action and shall certify under the seal of the court that the same is a true copy. The clerk shall envelope and securely seal the copy of the docket sheet, together with the orders, pleadings, motions, or other papers in the action, shall write his name across the seal and shall certify on the back of the envelope that the enclosed papers, numbered from 1 - __, include all the orders, pleadings, motions, or other papers in the action, naming it; and such signatures and certificates must be received as true until the contrary is shown. The clerk may deliver this package in person or send it by registered or certified mail, return receipt requested, to the clerk of the court to which such action has been changed or transferred, and, if not mutilated or defaced, it must be presumed to be as it came from the hands of the clerk of the court from which the action is changed or transferred. The clerk of the court to which such action has been changed or transferred shall cause notice of such change or transfer to be served on all parties of record as provided in the Alabama Rules of Civil Procedure. The time for answer by any defending party shall be governed by and shall be computed in accordance with the Alabama Rules of Civil Procedure; except, that said time period shall commence to run from the service of notice of change or transfer.
(Code 1852, §2363; Code 1867, §2766; Code 1876, §3116; Code 1886, §2647; Code 1896, §4212; Code 1907, §6118; Code 1923, §10478; Code 1940, T. 7, §§64(2), 68; Acts 1961, Ex. Sess., No. 76, p. 1953, §2; Acts 1967, No. 593, p. 1379.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 4 - Process. › Article 1 - General Provisions. › Section 6-4-1 - Time for Execution and Return.

Section 6-4-1
Time for execution and return.
All original and mesne process, notices, citations and motions or actions in the nature of scire facias shall be executed instanter and, unless otherwise provided by law, shall be returned immediately upon the execution thereof by the officer executing the same; and all executions and venditioni exponas issuing from a court shall be made returnable 90 days after the issue thereof.
(Code 1923, §9444; Code 1940, T. 7, §344.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 4 - Process. › Article 1 - General Provisions. › Section 6-4-2 - Execution - Adjoining County or Any Part of State.

Section 6-4-2
Execution - Adjoining county or any part of state.
When the summons, subpoena, or other process issues to the sheriff of the county in which the defendant or person against whom the subpoena or other process is directed resides, he may execute it in an adjoining county if such parties are there found, or he may pursue them and execute it in any part of the state.
(Code 1852, §2173; Code 1867, §2572; Code 1876, §2936; Code 1886, §2658; Code 1896, §3279; Code 1907, §5315; Code 1923, §9440; Code 1940, T. 7, §342.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 4 - Process. › Article 1 - General Provisions. › Section 6-4-3 - Execution - Coroner or Special Coroner.

Section 6-4-3
Execution - Coroner or special coroner.
(a) When the office of sheriff is vacant and until his successor is qualified, when the sheriff is imprisoned or in cases in which the sheriff is a party, is interested or otherwise is incompetent to act, the summons must be directed to and executed by the coroner if such interest or cause appears on the face of the proceedings; and if such interest or cause does not appear on the face of the proceedings, the coroner must execute the summons, though directed to the sheriff, if the judge of probate, on proper showing by affidavit, directs the execution thereof by the coroner.
(b) When, in such cases, the coroner has not qualified or the office is vacant or when the coroner is absent from the county having no deputy therein, when the coroner is imprisoned or when he is a party to or interested in the action, the summons must be directed to and executed by a special coroner, to be appointed by the judge of probate.
(Code 1852, §2171; Code 1867, §2570; Code 1876, §2938; Code 1886, §2660; Code 1896, §3281; Code 1907, §5317; Code 1923, §9442; Code 1940, T. 7, §343.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 4 - Process. › Article 1 - General Provisions. › Section 6-4-4 - Commencement of Action on Sunday.

Section 6-4-4
Commencement of action on Sunday.
Whenever the plaintiff shall make an affidavit that he is informed and believes that the defendant is about to abscond or to remove out of the state, or is about to secrete himself so that service cannot be had upon him on the following day, he shall be allowed to file his complaint in any of the courts of this state on Sunday. Upon the filing thereof, a summons shall immediately issue and be served by the sheriff upon the defendant on the same day of its issuance, and if he cannot be found on that day, then it shall be served as any other summons and complaint.
(Code 1907, §5298; Code 1923, §9416; Code 1940, T. 7, §346.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 4 - Process. › Article 2 - Service. › Section 6-4-20 - Method Generally.

Section 6-4-20
Method generally.
Service of process, unless otherwise provided by law, shall be made as provided in the Alabama Rules of Civil Procedure.
(Code 1923, §9451; Code 1940, T. 7, §209; Acts 1977, No. 669, p. 1143.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 4 - Process. › Article 2 - Service. › Section 6-4-21 - Where No Other Provision for Service of Nonresident Minors or Insane Persons.

Section 6-4-21
Where no other provision for service of nonresident minors or insane persons.
Should there be no other provision by law or rule for service upon nonresident minors or insane persons and proof is made before the clerk, register, or judge of the court in which the proceeding is pending, he may direct in writing the mode of service or may appoint in writing a guardian ad litem for such person without service.
(Code 1923, §9449; Code 1940, T. 7, §339.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 4 - Process. › Article 2 - Service. › Section 6-4-22 - Deposit of Money for Postage and Registration.

Section 6-4-22
Deposit of money for postage and registration.
In all cases where service is to be made by publication or registered or certified mail, a sufficient sum of money must be deposited in advance with the clerk or judge to cover the expenses of such publication or the postage and registration fee, as the case may be.
(Code 1923, §9454; Code 1940, T. 7, §211.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 1 - Actions by the State. › Section 6-5-1 - Right to Commence Actions - Generally.

Section 6-5-1
Right to commence actions - Generally.
(a) The state may commence an action in its own name and is entitled to all remedies provided for the enforcement of rights between individuals without giving bond or security or causing an affidavit to be made, though the same may be required as if the action were between private citizens.
(b) The district attorney of the circuit in which an action by the state is pending must attend to the same on the part of the state, and the Governor of the state may employ assistant counsel if he deems it necessary. The written direction of the Governor to the attorney of record is sufficient authority for commencing such an action, and the trial judge may determine the amount of compensation. If unsuccessful, the state is liable for costs as individual parties are.
(c) Actions commenced by the state are to be governed by the same rules as in actions between individuals.
(Code 1852, §2137; Code 1867, §§2533, 3323; Code 1876, §§2902, 3755; Code 1886, §§2573, 3416; Code 1896, §§12, 671; Code 1907, §§2440, 3087; Code 1923, §§5644, 6518; Code 1940, T. 7, §§72, 292.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 1 - Actions by the State. › Section 6-5-2 - Right to Commence Actions - in Foreign Jurisdictions.

Section 6-5-2
Right to commence actions - In foreign jurisdictions.
The Governor may, whenever the interests of the state may require, order and direct actions to be commenced in the name of the state in any foreign jurisdiction for the recovery of any moneys due or owing to the state or upon any claim or demand on which the state is entitled to commence an action; and, for the prosecution of such actions, he may employ counsel and may, for such sum as is necessary to pay the costs or expenses thereof, order the Comptroller to draw a warrant on the Treasury.
(Code 1886, §79; Code 1896, §3762; Code 1907, §2450; Code 1923, §5654; Code 1940, T. 7, §80.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 1 - Actions by the State. › Section 6-5-3 - Right to Commence Actions - by Successor of Public Officer.

Section 6-5-3
Right to commence actions - By successor of public officer.
When any public officer shall die or in any way go out of office, all actions which shall or would have accrued to him in his official capacity may be commenced by his successor.
(Code 1923, §5656; Code 1940, T. 7, §82.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 2 - Actions Against Counties. › Section 6-5-20 - Presentment of Claim to County Commission.

Section 6-5-20
Presentment of claim to county commission.
(a) An action must not be commenced against a county until the claim has been presented to the county commission, disallowed or reduced by the commission and the reduction refused by the claimant.
(b) The failure or refusal of such a county commission to enter upon its minutes the disallowance or reduction of the claim for 90 days is a disallowance.
(c) Proof of the fact of presentation of such claim to such county commission may be made by parol evidence.
(Code 1852, §2141; Code 1867, §2537; Code 1876, §2903; Code 1886, §2574; Code 1896, §13; Code 1907, §2472; Code 1923, §5680; Code 1940, T. 7, §96.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 3 - Actions on Official Bonds. › Section 6-5-30 - Right of Aggrieved Person to Commence Action.

Section 6-5-30
Right of aggrieved person to commence action.
For any breach of an official bond or undertaking of any officer of this state, executor, administrator, or guardian or of any bond or undertaking given in an official capacity to the state or any officer thereof, the person aggrieved may commence an action in his own name, assigning the appropriate breach.
(Code 1852, §2154; Code 1867, §2552; Code 1876, §2917; Code 1886, §2575; Code 1896, §14; Code 1907, §2473; Code 1923, §5682; Code 1940, T. 7, §98.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 3 - Actions on Official Bonds. › Section 6-5-31 - Assignment of Breaches on Penal Bonds or Other Writings.

Section 6-5-31
Assignment of breaches on penal bonds or other writings.
In actions upon penal bonds or other writings for the nonperformance of any covenant or agreement contained therein, the plaintiff may assign such breaches as he may deem proper, and verdict and judgment may be entered for the plaintiff for such of the breaches as he may prove. Default judgments may be entered in accordance with and as appropriate under the Alabama Rules of Civil Procedure, but in no case shall the judgment exceed the principal and interest due on the instrument.
(Code 1852, §§2231, 2367; Code 1867, §§2633, 2771; Code 1876, §§2982, 3033; Code 1886, §2668; Code 1896, §3289; Code 1907, §5325; Code 1923, §9462; Code 1940, T. 7, §215.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 4 - Actions for Statutory Penalties. › Section 6-5-50 - Who May Commence.

Section 6-5-50
Who may commence.
When a penalty is imposed by a statute which does not provide a mode for the recovery, any citizen may commence an action for the same on behalf of himself and the county in which the penalty is incurred.
(Code 1852, §2155; Code 1867, §2533; Code 1876, §2918; Code 1886, §2576; Code 1896, §15; Code 1907, §2474; Code 1923, §5683; Code 1940, T. 7, §99.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 5 - Trusts, Combines, or Monopolies. › Section 6-5-60 - By Whom and Against Whom Action May Be Commenced; Venue.

Section 6-5-60
By whom and against whom action may be commenced; venue.
(a) Any person, firm, or corporation injured or damaged by an unlawful trust, combine, or monopoly, or its effect, direct or indirect, may, in each instance of such injury or damage, recover the sum of $500 and all actual damages from any person, firm, or corporation creating, operating, aiding, or abetting such trust, combine, or monopoly and may commence the action therefor against any one or more of the parties to the trust, combine, or monopoly, or their attorneys, officers, or agents, who aid or abet such trust, combine, or monopoly. All such actions may be prosecuted to final judgment against any one or more of the defendants thereto, notwithstanding there may be a dismissal, acquittal, verdict, or judgment in favor of one or more of the defendants.
(b) Actions under this section may be commenced in any county where the trust, combine, or monopoly was formed or where it exists or is carried on, promoted, operated, practiced, employed, used, or enjoyed, or in any county in which either of the defendants may have a domicile or where an officer or agent of any defendant corporation may be found.
(Code 1907, §§2487, 2488; Code 1923, §§5697, 5698; Code 1940, T. 7, §§124, 125.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 6 - Illegal Liquor and Drug Sales; Penalties. › Section 6-5-70 - Furnishing Liquor to Minors.

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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 6 - Illegal Liquor and Drug Sales; Penalties. › Section 6-5-71 - Right of Action of Wife, Child, Parent, or Other Person for Injury in Consequence of Illegal Sale or Disposition of Liquor or Beverages.

Section 6-5-71
Right of action of wife, child, parent, or other person for injury in consequence of illegal sale or disposition of liquor or beverages.
(a) Every wife, child, parent, or other person who shall be injured in person, property, or means of support by any intoxicated person or in consequence of the intoxication of any person shall have a right of action against any person who shall, by selling, giving, or otherwise disposing of to another, contrary to the provisions of law, any liquors or beverages, cause the intoxication of such person for all damages actually sustained, as well as exemplary damages.
(b) Upon the death of any party, the action or right of action will survive to or against his executor or administrator.
(c) The party injured, or his legal representative, may commence a joint or separate action against the person intoxicated or the person who furnished the liquor, and all such claims shall be by civil action in any court having jurisdiction thereof.
(Acts 1909, No. 191, p. 63; Code 1923, §§5674, 5675; Code 1940, T. 7, §§121, 122.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 6 - Illegal Liquor and Drug Sales; Penalties. › Section 6-5-72 - Liability of Person for Injury to Third Party in Consequence of Selling or Furnishing Controlled Substance to Minor.

Section 6-5-72
Liability of person for injury to third party in consequence of selling or furnishing controlled substance to minor.
(a) A person who unlawfully sells, furnishes, or gives a controlled substance as defined in Section 20-2-2 to a minor may be liable for injury or damage or both suffered by a third person caused by or resulting from the use of the controlled substance by the minor, if the sale, furnishing, or giving of the controlled substance is the proximate cause of the injury or damage.
(b) A third person who is injured or damaged or both, under subsection (a) shall have a cause of action against the person selling, furnishing, or giving the controlled substance to the minor.
(c) Conviction under any criminal law relating to the unlawful sale, furnishing, or giving of a controlled substance shall conclusively establish an unlawful sale, furnishing, or giving of a controlled substance under this section.
(d) Upon the death of a party, the cause of action or right to the cause of action shall survive to the estate of the party.
(Acts 1994, 1st Ex. Sess., No. 94-783, p. 72, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 7 - Actions Against Estate for Trespass, Waste, Etc. › Section 6-5-90 - Right of Action Against Executor or Administrator.

Section 6-5-90
Right of action against executor or administrator.
Any person or his personal representatives may commence an action against the executor or administrator of any testator or intestate who in his lifetime has wasted, destroyed, taken, carried away, or converted to his own use the goods or chattels of any such person or committed any trespass on the real estate of such person.
(Code 1923, §5710; Code 1940, T. 7, §137.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 8 - Fraud, Misrepresentation, and Deceit. › Section 6-5-100 - Fraud - Right of Action Generally.

Section 6-5-100
Fraud - Right of action generally.
Fraud by one, accompanied with damage to the party defrauded, in all cases gives a right of action.
(Code 1907, §2468; Code 1923, §5676; Code 1940, T. 7, §107.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 8 - Fraud, Misrepresentation, and Deceit. › Section 6-5-101 - Fraud - Misrepresentations of Material Facts.

Section 6-5-101
Fraud - Misrepresentations of material facts.
Misrepresentations of a material fact made willfully to deceive, or recklessly without knowledge, and acted on by the opposite party, or if made by mistake and innocently and acted on by the opposite party, constitute legal fraud.
(Code 1907, §4298; Code 1923, §8049; Code 1940, T. 7, §108.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 8 - Fraud, Misrepresentation, and Deceit. › Section 6-5-102 - Suppression of Material Facts.

Section 6-5-102
Suppression of material facts.
Suppression of a material fact which the party is under an obligation to communicate constitutes fraud. The obligation to communicate may arise from the confidential relations of the parties or from the particular circumstances of the case.
(Code 1907, §4299; Code 1923, §8050; Code 1940, T. 7, §109.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 8 - Fraud, Misrepresentation, and Deceit. › Section 6-5-103 - Deceit - Right of Action Generally.

Section 6-5-103
Deceit - Right of action generally.
Willful misrepresentation of a material fact made to induce another to act, and upon which he does act to his injury, will give a right of action. Mere concealment of such a fact, unless done in such a manner as to deceive and mislead, will not support an action. In all cases of deceit, knowledge of a falsehood constitutes an essential element. A fraudulent or reckless representation of facts as true, which the party may not know to be false, if intended to deceive, is equivalent to a knowledge of the falsehood.
(Code 1907, §2469; Code 1923, §5677; Code 1940, T. 7, §110.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 8 - Fraud, Misrepresentation, and Deceit. › Section 6-5-104 - Deceit - Fraudulent Deceit.

Section 6-5-104
Deceit - Fraudulent deceit.
(a) One who willfully deceives another with intent to induce him to alter his position to his injury or risk is liable for any damage which he thereby suffers.
(b) A deceit within the meaning of this section is either:
(1) The suggestion as a fact of that which is not true by one who does not believe it to be true;
(2) The assertion as a fact of that which is not true by one who has no reasonable ground for believing it to be true;
(3) The suppression of a fact by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact; or
(4) A promise made without any intention of performing it.
(Code 1923, §§7353, 7354; Code 1940, T. 7, §§111, 112.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 1 - General Provisions. › Section 6-5-120 - Defined.

Section 6-5-120
Defined.
A "nuisance" is anything that works hurt, inconvenience, or damage to another. The fact that the act done may otherwise be lawful does not keep it from being a nuisance. The inconvenience complained of must not be fanciful or such as would affect only one of a fastidious taste, but it should be such as would affect an ordinary reasonable man.
(Code 1907, §5193; Code 1923, §9271; Code 1940, T. 7, §1081.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 1 - General Provisions. › Section 6-5-121 - Distinction Between Public and Private Nuisances; Right of Action Generally.

Section 6-5-121
Distinction between public and private nuisances; right of action generally.
Nuisances are either public or private. A public nuisance is one which damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals. A private nuisance is one limited in its injurious effects to one or a few individuals. Generally, a public nuisance gives no right of action to any individual, but must be abated by a process instituted in the name of the state. A private nuisance gives a right of action to the person injured.
(Code 1907, §5196; Code 1923, §9274; Code 1940, T. 7, §1084.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 1 - General Provisions. › Section 6-5-122 - Public Nuisances - Abatement or Enjoining by Municipalities.

Section 6-5-122
Public nuisances - Abatement or enjoining by municipalities.
All municipalities in the State of Alabama may commence an action in the name of the city to abate or enjoin any public nuisance injurious to the health, morals, comfort, or welfare of the community or any portion thereof.
(Acts 1919, No. 49, p. 50; Code 1923, §9298; Code 1940, T. 7, §1085.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 1 - General Provisions. › Section 6-5-123 - Public Nuisances - Special Damage to Individual.

Section 6-5-123
Public nuisances - Special damage to individual.
If a public nuisance causes a special damage to an individual in which the public does not participate, such special damage gives a right of action.
(Code 1907, §5197; Code 1923, §9275; Code 1940, T. 7, §1086.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 1 - General Provisions. › Section 6-5-124 - Right of Action for Private Nuisance.

Section 6-5-124
Right of action for private nuisance.
A private nuisance may injure either the person or property, or both, and in either case a right of action accrues.
(Code 1907, §5198; Code 1923, §9276; Code 1940, T. 7, §1087.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 1 - General Provisions. › Section 6-5-125 - Injunction Before Completion.

Section 6-5-125
Injunction before completion.
Where the consequences of a nuisance about to be erected or commenced will be irreparable in damages and such consequences are not merely possible but to a reasonable degree certain, a court may interfere to arrest a nuisance before it is completed.
(Code 1907, §5195; Code 1923, §9273; Code 1940, T. 7, §1083.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 1 - General Provisions. › Section 6-5-126 - Rights and Responsibilities of Alienees for Continuance.

Section 6-5-126
Rights and responsibilities of alienees for continuance.
The alienee of a person owning the property injured may commence an action for a continuance of the nuisance, and the alienee of the property causing the nuisance is responsible for a continuance of the same. In the latter case, there must be a request to abate before an action is commenced.
(Code 1907, §5194; Code 1923, §9272; Code 1940, T. 7, §1082.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 1 - General Provisions. › Section 6-5-127 - Nuisance Exceptions; Right of Action for Pollution of Waters, etc.; Relation to Municipal Ordinances.

Section 6-5-127
Nuisance exceptions; right of action for pollution of waters, etc.; relation to municipal ordinances.
(a) No agricultural, manufacturing, or other industrial plant or establishment, farming operation facility, or any racetrack for automobiles or motorcycles, or both, operated in conjunction with a museum that is owned by a nonprofit organization and has a building and collection on display which together have a minimum value of at least one million dollars ($1,000,000), or any of its appurtenances or the operation thereof shall be or become a nuisance, private or public, by any changed conditions in and about the locality thereof after the same has been in operation for more than one year during which such plant, facility, establishment, farming operation facility, or racetrack, its appurtenances or the operation thereof has not been found by a court of competent jurisdiction to be a nuisance; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such plant, establishment, farming operation facility, or racetrack, or any of its appurtenances.
(b) The provisions of subsection (a) shall not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries or damage sustained by them on account of any pollution of, or change in the condition of, the waters of any stream or on account of any overflow of the lands of any person, firm, or corporation.
(c) Any and all ordinances heretofore or hereafter adopted by any municipal corporation in which such plant, establishment, farming operation facility, or racetrack is located, which purports to make the operation of any such plant, establishment, farming operation facility, or racetrack, or its appurtenances a nuisance or providing for an abatement thereof as a nuisance in the circumstances set forth in this section are, and shall be, null and void; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such plant, establishment, farming operation facility, or racetrack, or any of its appurtenances.
(d) This section shall not be construed to invalidate any contracts heretofore made, but, insofar as contracts are concerned, is only applicable to contracts and agreements to be made in the future.
(Acts 1915, No. 691, p. 744; Code 1923, §§9277- 9279; Code 1940, T. 7, §§1088-1090; Acts 1978, 2nd Ex. Sess., No. 79, p. 1767; Act 2004-316, p. 538, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-140 - Definitions.

Section 6-5-140
Definitions.
For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section:
(1) PLACE. Any building, erection, or place, any separate part or portion thereof or the ground itself.
(2) PERSON. Any individual, corporation, association, partnership, trustee, lessee, agent, or assignee.
(3) NUISANCE. Any place in or upon which lewdness, assignation, or prostitution is conducted, permitted, continued, or exists and the personal property and contents used in conducting or maintaining any such place for any such purpose.
(Acts 1919, No. 53, p. 52; Code 1940, T. 7, §1091.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-141 - Who Deemed Guilty of Maintaining Nuisance.

Section 6-5-141
Who deemed guilty of maintaining nuisance.
Any person who shall use, occupy, establish, or conduct a nuisance, as defined in Section 6-5-140, or aid or abet therein, and the owner, agent, or lessee of any interest in any such nuisance, together with the person employed in or in control of any such nuisance by any such owner, agent, or lessee shall for the purpose of this division be guilty of maintaining a nuisance and shall be enjoined as provided in this division.
(Acts 1919, No. 53, p. 52; Code 1923, §9281; Code 1940, T. 7, §1092.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-142 - By Whom Action to Abate and Perpetually Enjoin Nuisance Commenced.

Section 6-5-142
By whom action to abate and perpetually enjoin nuisance commenced.
Whenever a nuisance exists, the Attorney General of the state, the district attorney or assistant district attorney, or any citizen or citizens may commence an action in the name of the State of Alabama, upon the relation of such Attorney General or such other officer or person to abate such nuisance and to enjoin perpetually the person or persons maintaining the same from further maintenance thereof.
(Acts 1919, No. 53, p. 52; Code 1923, §9282; Code 1940, T. 7, §1093.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-143 - Venue; Filing of Complaint; Application for Preliminary Injunction.

Section 6-5-143
Venue; filing of complaint; application for preliminary injunction.
(a) Such action shall be commenced in the circuit court of the county in which the property is located.
(b) At or before the commencement of the action, a verified copy of the complaint alleging the facts constituting the nuisance shall be filed in the office of the probate judge of the county, together with a notice of the pendency of the action, containing the name of the court, the names of the parties, the object of the action, and a brief description of the property affected thereby. The probate judge shall be paid the usual fee for recording such lis pendens and shall immediately record such notice.
(c) After the filing of the complaint, application for a preliminary injunction may be made to the circuit court, a judge thereof or any judge authorized by the laws of the state to make an order for a preliminary injunction, who shall grant a hearing thereon within 10 days thereafter.
(Acts 1919, No. 53, p. 52; Code 1923, §9284; Code 1940, T. 7, §1095.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-144 - Bond for Preliminary Injunction or Temporary Restraining Order Prior to Hearing.

Section 6-5-144
Bond for preliminary injunction or temporary restraining order prior to hearing.
No preliminary injunction or temporary restraining order shall be issued before hearing in any action commenced by a citizen or citizens under the provisions of this division unless such citizen or citizens have made bond in such sum as may be fixed by the judge to whom the application for such injunction or restraining order is made, such bond to be approved by the register or clerk of the circuit court of the county in which the proceeding is filed and to be payable and conditioned as provided by the Alabama Rules of Civil Procedure.
(Acts 1919, No. 53, p. 52; Code 1923, §9283; Code 1940, T. 7, §1094.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-145 - Issuance and Return of Temporary Restraining Order; Return of Inventory; Contempt for Violation of Restraining Order.

Section 6-5-145
Issuance and return of temporary restraining order; return of inventory; contempt for violation of restraining order.
(a) Where such application for a preliminary injunction has been made, the court or judge thereof may, on the application of the plaintiff, issue an ex parte temporary restraining order, restraining the defendants and all other persons from the moving, or in any manner interfering with, the personal property and contents of the place where such nuisance is alleged to exist until the decision of the court or judge granting or refusing such preliminary injunction and until the further order of the court thereon.
(b) The restraining order may be served by handing to and leaving a copy of said order with any person in charge of said place or residing therein or by posting a copy thereof in a conspicuous place at, or upon one or more of the principal doors or entrances to such places, or the judge may order it served on the parties defendant.
(c) The officer serving such restraining order shall forthwith make and return into the court an inventory of the personal property and contents situated in and used in conducting and maintaining such nuisance.
(d) Any violation of such restraining order shall be a contempt of court; and, where such order is so posted, mutilation or removal thereof while the same remains in force shall be a contempt of court.
(Acts 1919, No. 53, p. 52; Code 1923, §§9285, 9286; Code 1940, T. 7, §§1096, 1097.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-146 - Service of Complaint on and Answer by Defendants; Granting of Preliminary Injunction.

Section 6-5-146
Service of complaint on and answer by defendants; granting of preliminary injunction.
(a) A copy of the complaint, together with a notice of the time and place of the hearing of the application for a preliminary injunction, shall be served upon the defendants at least five days before such hearing. If the hearing shall then be continued at the instance of any defendant, the temporary writ as petitioned for shall be granted as a matter of course.
(b) Each defendant so notified shall serve upon the plaintiff or the attorney filing the complaint a verified answer on or before the date fixed in said notice for said hearing, and such answer shall be filed with the register or clerk of the court wherein such case is triable, but the court or judge may allow additional time for answering, providing such extension of time shall not prevent the issuing of said temporary writ as petitioned for.
(Acts 1919, No. 53, p. 52; Code 1923, §§9287, 9288; Code 1940, T. 7, §§1098, 1099.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-147 - Closing Place Pending Final Decision - Order.

Section 6-5-147
Closing place pending final decision - Order.
(a) If on the hearing for a preliminary injunction it shall appear that the person owning, in control, or in charge of the nuisance so enjoined has received five days' notice of the hearing, then, unless such person shall show to the satisfaction of the court or judge that the nuisance complained of has been abated, the court or judge shall issue an order closing the place against its use for any purpose until final decision shall be entered on the application for a permanent injunction.
(b) Such order shall also continue in effect for such further period the temporary restraining order provided in Section 6-5-145 if already issued or, if not issued, shall include such an order restraining for such period the removal or interference with the personal property and contents located thereat or therein as provided, and such restraining order shall be served and the inventory of such property shall be made and filed as provided in such section.
(Acts 1919, No. 53, p. 52; Code 1923, §9290; Code 1940, T. 7, §1101.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-149 - Precedence of Action Over Other Cases; Evidence; Dismissal of Action; Continuance; Costs; Judgment.

Section 6-5-149
Precedence of action over other cases; evidence; dismissal of action; continuance; costs; judgment.
(a) The action, when commenced, shall have precedence over all other cases except injunctions.
(b) In such action, evidence of the general reputation of the place or any admission or finding of guilt of any person under the original laws against prostitution, lewdness, or assignation at any such place shall be admissible for the purpose of proving the existence of said nuisance and shall be prima facie evidence of such nuisance, of knowledge of and acquiescence and participation therein on the part of the person, or persons, charged with maintaining such nuisance.
(c) If the complaint is filed for the state by a citizen of the county, it shall not be dismissed except upon a sworn statement of the plaintiff or his personal representative or agent, and his attorney or of the officer filing the complaint, setting forth the reasons why the action should be dismissed and the dismissal be approved by the attorney filing the complaint in writing or in open court. If the court or judge is of the opinion that the action ought not be dismissed, he may direct the district attorney to prosecute such action to judgment at the expense of the county, and if the action is continued more than once, any person who is a citizen of the county, the Attorney General, the district attorney may be substituted for the plaintiff and prosecute said action to judgment.
(d) If the action is commenced by a person who is a citizen of the county and the court finds that there were no reasonable grounds or cause for said action, the costs may be taxed against such person.
(e) If the existence of the nuisance is established upon the trial, a judgment shall be entered which shall perpetually enjoin the defendants and any other person or persons from further maintaining the nuisance at the place complained of and the defendants from maintaining such nuisance elsewhere in the county.
(Acts 1919, No. 53, p. 52; Code 1923, §9292; Code 1940, T. 7, §1103.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-148 - Closing Place Pending Final Decision - Release of Property on Bond.

Section 6-5-148
Closing place pending final decision - Release of property on bond.
The owner or owners of any real property or personal property closed or restrained, or to be closed or restrained, may appear at any time between the filing of the complaint and the hearing of the application for a permanent injunction, and, upon payment of all costs incurred and upon the filing of a bond payable to the state by the owner of the real property, with sureties or a surety company to be approved by the register or clerk in the full value of the property to be ascertained by the court or the judge, conditioned that such owner or owners will immediately abate the nuisance and prevent the same from being established or kept until the decision of the court or judge shall have been entered on the application for a permanent injunction, then, in that case, the court or judge, if satisfied of the good faith of the owner of the real property and of innocence on the part of any owner of the personal property of any knowledge of the use of such personal property as a nuisance and that with reasonable care and diligence such owner could not have known thereof, shall deliver such real or personal property, or both, to the respective owners thereof and cancel or refrain from issuing at the time of the hearing on the application for the injunction, as the case may be, any order or orders closing such real property or restraining the removal or interference with such personal property. The release of any personal property or real property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subjected by law.
(Acts 1919, No. 53, p. 52; Code 1940, T. 7, §1102.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-150 - Grant and Effect of Permanent Injunction.

Section 6-5-150
Grant and effect of permanent injunction.
If upon the final hearing the allegations are sustained to the satisfaction of the court or judge, the court or judge shall enter a judgment restraining the defendants and all other persons from continuing the nuisance. When any injunction has been granted, it shall be binding on the defendants throughout the county. Any violation thereof shall be contempt of court and punished as provided in Section 6-5-154.
(Acts 1919, No. 53, p. 52; Code 1923, §9289; Code 1940, T. 7, §1100.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-151 - Order of Abatement; Sale of Property.

Section 6-5-151
Order of abatement; sale of property.
(a) If the existence of the nuisance is admitted or established in an action as provided in this division, or in a criminal proceeding in the circuit court, an order of abatement shall be entered as a part of the judgment in the case, which shall direct the removal from the place of all personal property and contents used in conducting the nuisance not already released under authority of the court as provided in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the sale of such thereof as belonged to the defendants notified or appearing in the manner provided for the sale of chattels under execution.
(b) Such order shall also require the renewal for one year of any bond furnished by the owner of the real property as provided in Section 6-5-148 or, if not so furnished, shall continue for one year any closing order issued at the time of granting the preliminary injunction or, if no such closing order was then issued, shall include an order directing the effectual closing of the place against its use for any purpose, so keeping it closed for a period of one year unless sooner released; but the owner of the place so closed and not released under bond as provided in Section 6-5-148 may appear and obtain such release in the manner and upon fulfilling the requirements as provided in such section.
(c) The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subject by law.
(d) Owners of unsold property and contents so seized must appear and claim same within 10 days after such order of abatement is made and prove innocence to the satisfaction of the court of any knowledge of said use thereof and that with reasonable care and diligence they could not have known thereof. Every defendant in the action shall be presumed to have had knowledge of the general reputation of the place. If such innocence shall be so established, such unsold personal property and contents shall be delivered to the owner; otherwise, it shall be sold as provided in this section.
(e) If any person shall break and enter or use a place so directed to be closed, he shall be punished for contempt as provided in Section 6-5-154.
(Acts 1919, No. 53, p. 52; Code 1923, §§9293, 9294; Code 1940, T. 7, §§1104, 1105.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-152 - Fees of Officers Selling Property, Etc.

Section 6-5-152
Fees of officers selling property, etc.
For removing and selling the personal property and contents, the officer shall be entitled to charge and receive the same fees as he would for levying and selling like property on execution; and, for closing the place and keeping it closed, a reasonable fee shall be allowed by the court.
(Acts 1919, No. 53, p. 52; Code 1923, §9295; Code 1940, T. 7, §1106.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-153 - Effect of Establishment of Nuisance in Criminal Proceedings.

Section 6-5-153
Effect of establishment of nuisance in criminal proceedings.
In case the existence of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction, the district attorney shall proceed promptly under this division to enforce the provisions and penalties thereof, and the finding of the defendant guilty in such criminal proceedings, unless reversed or set aside, shall be conclusive as against the defendant as to the existence of the nuisance. The proceeds of the sale of the personal property as provided in Section 6-5-152 shall be applied in payment of the costs of the action and abatement, including the plaintiff's costs, or so much of such proceeds as may be necessary, except as provided in this division.
(Acts 1919, No. 53, p. 52; Code 1923, §9296; Code 1940, T. 7, §1107.)