reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 6 - Salaries of Public Officials or Employees. › Section 6-6-482 - Writ to Issue Only After Final Judgments on Actions Ex Contractu.

Section 6-6-482
Writ to issue only after final judgments on actions ex contractu.
The salary referred to in this division is not subject to a writ of garnishment in aid of a pending action, but such writ may issue only after final judgment, on which execution can issue, entered in actions on contracts or growing out of contracts express or implied and being judgments ex contractu. The judgment on which such writ can issue must be founded upon a debt, demand, or claim against said defendant which originated subsequent to September 26, 1923. The salary referred to in this division is not subject to writ of garnishment issued on judgments ex delicto.
(Acts 1923, No. 427, p. 575; Code 1923, §8091; Code 1940, T. 7, §1035.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 6 - Salaries of Public Officials or Employees. › Section 6-6-483 - Answer of State Official Garnished to Show Assent to Judgment.

Section 6-6-483
Answer of state official garnished to show assent to judgment.
Where an official of the State of Alabama or other person designated in this division has been garnished, as provided by Section 6-6-482, and answer has been filed by said person, in accordance with the mandate of said writ, admitting that the said State of Alabama is due, or will be due, the defendant in said garnishment proceedings money for salary and has said money ready for payment when due, the said answer must also show the assent of said person that judgment may be entered in said case for the amount shown in said answer or so much thereof as may be necessary to satisfy plaintiff's judgment. In no case shall judgment against said official or other person designated in this division as the agent of the state be entered on said answer or in said garnishment proceedings unless such assent and consent to said judgment is shown in said answer. When such final judgment is so entered, after trial of said proceedings, the said judgment shall be against the official or person returning said answer as such official or agent of the State of Alabama, as garnishee, and said judgment shall show that said official or person, as such agent of the state, consented that such judgment be entered in said garnishment proceedings.
(Acts 1923, No. 427, p. 575; Code 1923, §8092; Code 1940, T. 7, §1036.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 6 - Salaries of Public Officials or Employees. › Section 6-6-484 - Drawing of Warrant or Check for Money Due as Salary.

Section 6-6-484
Drawing of warrant or check for money due as salary.
After such writ has been served as provided in this division, the said agent of the state shall draw no warrant or check for the money due such defendant as salary and included in the answer filed in said garnishment case until said garnishment proceedings have terminated, unless said writ is dissolved in the manner provided by the statutes. After final judgment condemning said money as provided in this division, said agent of the state may draw a warrant or check for the money so condemned and deliver same to the clerk of the court or to the court where such judgment was obtained.
(Acts 1923, No. 427, p. 575; Code 1923, §8093; Code 1940, T. 7, §1037.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 10 - Injunctions. › Section 6-6-500 - Who May Grant.

Section 6-6-500
Who may grant.
Injunctions may be granted, returnable into any of the circuit courts in this state, by the judges of the supreme court, court of civil appeals, court of criminal appeals, and circuit courts.
(Code 1852, §2971; Code 1867, §3426; Code 1876, §3867; Code 1886, §3520; Code 1896, §784; Code 1907, §4512; Code 1923, §8288; Code 1940, T. 7, §1038.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 10 - Injunctions. › Section 6-6-501 - Dissolution of Preliminary Injunction.

Section 6-6-501
Dissolution of preliminary injunction.
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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 10 - Injunctions. › Section 6-6-502 - Enjoining or Restraining Enforcement of Ordinance.

Section 6-6-502
Enjoining or restraining enforcement of ordinance.
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, until a time and place have been set for the hearing of the application for such temporary restraining order or preliminary injunction, and notice of such time and place, together with a copy of the complaint, has been served upon the mayor or other chief executive officer of such municipality at least 24 hours prior to the time set for such hearing.
(Acts 1927, No. 84, p. 64; Code 1940, T. 7, §1063.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 10 - Injunctions. › Section 6-6-503 - Enjoining Unauthorized or Unlawful Practice of Profession, Occupation, or Calling.

Section 6-6-503
Enjoining unauthorized or unlawful practice of profession, occupation, or calling.
(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 regulate or to license the activity engaged in by such person, firm, or corporation.
(b) The provisions of this section are cumulative. The authority conferred by the section is in addition to and supplementary to all other statutes, civil and criminal, dealing with the subject matter of this section. The section shall apply retrospectively and prospectively.
(Acts 1967, No. 509, p. 1225.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 11 - Intemperates and Inebriates. › Section 6-6-520 - Complaint to Preserve Estate of Intemperate From Waste and for General Relief.

Section 6-6-520
Complaint to preserve estate of intemperate from waste and for general relief.
(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, his wife or her husband, brother or sister, father or mother, next of kin, or any or either of them may, themselves or by their next friend, if minors, file their complaint to preserve the estate of such intemperate person from further waste and for general relief.
(b) The complaint provided for in subsection (a) of this section must specify the cause for which relief is requested and the estate proposed to be secured, and such person of intemperate habits must be made a party defendant thereto.
(Code 1867, §§2399, 2400; Code 1876, §§2815, 2816; Code 1886, §§2502, 2503; Code 1896, §§836, 837; Code 1907, §§4611, 4612; Code 1923, §§8555, 8556; Code 1940, T. 7, §§1064, 1065.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 11 - Intemperates and Inebriates. › Section 6-6-521 - Securing Estate Against Further Waste Pending Action.

Section 6-6-521
Securing estate against further waste pending action.
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; Code 1907, §4613; Code 1923, §8557; Code 1940, T. 7, §1066.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 11 - Intemperates and Inebriates. › Section 6-6-522 - Trustee - Appointment.

Section 6-6-522
Trustee - Appointment.
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 that such person will probably be reduced to want, the circuit court judge must deprive him of all further control over it and provide for its safekeeping by the appointment of a trustee, who shall give bond in double the value of the estate committed to him, to be approved by the register or clerk.
(Code 1867, §2400; Code 1876, §2816; Code 1886, §2503; Code 1896, §837; Code 1907, §4612; Code 1923, §8556; Code 1940, T. 7, §1065.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 11 - Intemperates and Inebriates. › Section 6-6-523 - Trustee - Duties.

Section 6-6-523
Trustee - Duties.
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 intemperate person.
(Code 1867, §2401; Code 1876, §2817; Code 1886, §2504; Code 1896, §839; Code 1907, §4614; Code 1923, §8558; Code 1940, T. 7, §1067.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 11 - Intemperates and Inebriates. › Section 6-6-524 - Trustee - Control by Appointing Court.

Section 6-6-524
Trustee - Control by appointing court.
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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 11 - Intemperates and Inebriates. › Section 6-6-525 - Trustee - Partial and Final Settlements of Account.

Section 6-6-525
Trustee - Partial and final settlements of account.
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 governed by the provisions of this Code regulating settlements of guardian's accounts in the court of probate, so far as such provisions may be applicable.
(Code 1896, §842; Code 1907, §4617; Code 1923, §8561; Code 1940, T. 7, §1070.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 11 - Intemperates and Inebriates. › Section 6-6-526 - Trustee - Compensation.

Section 6-6-526
Trustee - Compensation.
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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 11 - Intemperates and Inebriates. › Section 6-6-527 - Restoration of Estate.

Section 6-6-527
Restoration of estate.
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.
(Code 1867, §2403; Code 1876, §2819; Code 1886, §2506; Code 1896, §840; Code 1907, §4615; Code 1923, §8559; Code 1940, T. 7, §1068.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 1 - Proceedings in Personam. › Section 6-6-540 - Right of Action to Settle Title to Lands by Person in Peaceable Possession Thereof.

Section 6-6-540
Right of action to settle title to lands by person in peaceable possession thereof.
When any person is in peaceable possession of lands, whether actual or constructive, claiming to own the same, in his own right or as personal representative or guardian, and his title thereto, or any part thereof, is denied or disputed or any other person claims or is reputed to own the same, any part thereof, or any interest therein or to hold any lien or encumbrance thereon and no action is pending to enforce or test the validity of such title, claim, or encumbrance, such person or his personal representative or guardian, so in possession, may commence an action to settle the title to such lands and to clear up all doubts or disputes concerning the same.
(Code 1896, §809; Code 1907, §5443; Code 1923, §9905; Code 1940, T. 7, §1109.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 1 - Proceedings in Personam. › Section 6-6-541 - Contents of Complaint.

Section 6-6-541
Contents of complaint.
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 upon him to set forth and specify his title, claim, interest, or encumbrance and how and by what instrument the same is derived and created.
(Code 1896, §810; Code 1907, §5444; Code 1923, §9906; Code 1940, T. 7, §1110.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 1 - Proceedings in Personam. › Section 6-6-542 - Contents of Answer.

Section 6-6-542
Contents of answer.
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 with sufficient certainty the part in, or upon which, the same is claimed and the manner in which, and the sources through which, such title, claim, interest, or encumbrance is claimed to be derived and created.
(Code 1896, §811; Code 1907, §5445; Code 1923, §9907; Code 1940, T. 7, §1111.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 1 - Proceedings in Personam. › Section 6-6-543 - Trial by Jury or Determination by Court; Entry and Effect of Judgment.

Section 6-6-543
Trial by jury or determination by court; entry and effect of judgment.
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 trial thereof; and when a trial by jury is not requested, or as to the facts for which the same is not requested, the court shall consider and determine any title, claim, interest, or encumbrance. The court shall, upon the finding of the jury or upon such consideration and determination, finally adjudge whether the defendant has any right, title, or interest in, or encumbrance upon, such lands, or any part thereof, what such right, title, interest, or encumbrance is and in or upon what part of the lands the same exists; and such judgment is binding and conclusive upon all the parties to the action.
(Code 1896, §812; Code 1907, §5446; Code 1923, §9908; Code 1940, T. 7, §1112.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 1 - Proceedings in Personam. › Section 6-6-544 - Filing of Judgment.

Section 6-6-544
Filing of judgment.
The register or clerk shall, within 30 days from the entry of a judgment under this division, file the same or a certified transcript thereof for record in the probate court of the county in which the land lies and tax the expense thereof in the costs of the case. The probate judge shall record the judgment in the same book and manner in which deeds are recorded and index the names of defendants or parties against whom the relief is granted in the direct index and the names of the plaintiffs or parties quieted in possession of the land in the reverse index.
(Code 1907, §5447; Code 1923, §9909; Code 1940, T. 7, §1113.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 1 - Proceedings in Personam. › Section 6-6-545 - Costs.

Section 6-6-545
Costs.
No judgment for costs shall be had under this division against a defendant who suffers a judgment by default against him or who, in his answer, disclaims all title to, interest in, or encumbrance on the lands; but the court shall, in those cases, without further proof, adjudge that such defendant has no estate or interest in or encumbrance on such lands, or any part thereof. Any defendant who shall, by answer under oath, deny that he claims, or ever has claimed, or pretended to have any estate, interest, or encumbrance in, or upon, such lands, or any part thereof, shall be entitled to recover his costs in the action.
(Code 1896, §813; Code 1907, §5448; Code 1923, §9910; Code 1940, T. 7, §1114.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 1 - Proceedings in Personam. › Section 6-6-546 - Commencement of Action by State.

Section 6-6-546
Commencement of action by state.
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 state or owner of the legal title to such lands is in possession thereof or not.
(Code 1907, §5449; Code 1923, §9911; Code 1940, T. 7, §1115.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-560 - Who May File Complaint to Establish Right or Title to Lands or Interest Therein.

Section 6-6-560
Who may file complaint to establish right or title to lands or interest therein.
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 possession of the lands and he holds, and has held, color of title to the lands, or interest so claimed, for a period of 10 or more consecutive years next preceding and has paid taxes on the lands or interest during the whole of such period, or if he, together with those through whom he claims, has held color of title and paid taxes on the land or interest so claimed during the whole of such period of time, or if he and those through whom he claims have paid taxes during the whole of such period of 10 years on the lands or interest claimed and no other person has paid taxes thereon during any part of said period, he may, if no action is pending to test his title to, interest in or his right to the possession of such lands, file a verified complaint in the circuit court of the county in which such lands lie against said lands and any and all persons claiming, or reputed to claim, any title to, interest in, lien, or encumbrance on said lands, or any part thereof, to establish the right or title to such lands or interest and to clear up all doubts or disputes concerning the same.
(Acts 1923, No. 526, p. 699; Code 1923, §9912; Code 1940, T. 7, §1116; Acts 1951, No. 882, p. 1521, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-561 - Contents of Complaint.

Section 6-6-561
Contents of complaint.
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 lands the plaintiff claims to have and from whom and how such interest or title so claimed in, or to, said lands was obtained. It shall also make party or parties defendant to said complaint all persons against whom the plaintiff claims title to said lands, or the interest therein sought to be established, and if the names of such persons cannot be ascertained by the plaintiff with certainty, they may be designated and joined as unknown parties. Such complaint shall also make party or parties defendant thereto all persons who are known to the plaintiff to have had possession of said lands, or any part thereof, within 10 years next preceding the filing of the complaint, or who are known to the plaintiff to claim said lands, any part thereof or any interest therein, whether such interest be present, future, contingent, reversionary, or otherwise. Such complaint shall also make party or parties defendant thereto all persons who have at any time within 10 years next preceding the filing of the complaint assessed or paid any taxes upon said lands or any interest therein; provided, however, that those parties appearing in the chain of title who have voluntarily conveyed their interest or interests in said lands to the plaintiff or to those through whom the plaintiff derives title need not be made parties to said complaint. The ages and addresses of all defendants to the complaint shall be stated in the complaint, if known, and if any are known or suspected to be of unsound mind, this fact shall also be alleged. Should any of the persons mentioned in this section, at the time of the filing of the complaint, be deceased and such fact be known to the plaintiff, his heirs or devisees shall be made parties in his stead. Should the plaintiff, after exercising reasonable diligence, be unable to locate the whereabouts and to ascertain with certainty whether any such defendant is alive at the time of the filing of the complaint, the facts showing just what diligence the plaintiff has exercised must be specifically alleged in the complaint and such defendant may then be made a party in his name followed by the words: "— and his heirs or devisees, if deceased," and a valid judgment may be entered against such defendant, binding on both him and his heirs or devisees, regardless of whether it be later shown that such defendant was or was not living at the time of the filing of the complaint.
(Acts 1923, No. 526, p. 699; Code 1923, §9913; Code 1940, T. 7, §1117; Acts 1951, No. 882, p. 1521, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-562 - Appointment of Guardians Ad Litem.

Section 6-6-562
Appointment of guardians ad litem.
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 represent and defend the interest of such infant, incompetent or unknown parties in the proceeding.
(Acts 1951, No. 884, p. 1526.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-563 - Service of Process.

Section 6-6-563
Service of process.
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 the state and addresses are known, a summons, together with a copy of said complaint, shall be sent by the register or clerk of the court in which the proceeding is pending to such parties by registered or certified mail, postage prepaid, marked "For Delivery to Addressee Only," and return receipt demanded, addressed to the register or clerk of the court in which the proceeding is pending. The publication notice provided in Section 6-6-564 shall in all respects serve as notice to unknown parties whose whereabouts are not known and parties who conceal themselves so that the process cannot be served on them, and no other advertising or other form of notice shall be required as to such parties. However, the register or clerk shall take the same form of affidavit as to such parties as is required under the Alabama Rules of Civil Procedure.
(Acts 1923, No. 526, p. 699; Code 1923, §9914; Code 1940, T. 7, §1118; Acts 1951, No. 882, p. 1521, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-564 - Publication of Notice.

Section 6-6-564
Publication of notice.
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 newspaper having general circulation and published in the county where the lands lie or, if no newspaper is published in said county, then in such a newspaper published in an adjoining county; if no such newspaper is published in an adjoining county, then in such a newspaper published in the county nearest to the county where said lands lie. Each circuit court in the state must prescribe, by a rule of the court or by a separate order made in each case, in what newspaper such publications may be made.
(Acts 1923, No. 526, p. 699; Code 1923, §9915; Code 1940, T. 7, §1119.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-565 - Time to Answer; Default Judgments.

Section 6-6-565
Time to answer; default judgments.
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, in accordance with civil practice.
(Acts 1923, No. 526, p. 699; Code 1923, §9914; Code 1940, T. 7, §1118; Acts 1951, No. 882, p. 1521, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-566 - Prima Facie and Conclusive Evidence of Title.

Section 6-6-566
Prima facie and conclusive evidence of title.
(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 possession by the plaintiff and color of title to said lands in the plaintiff shall be conclusive evidence of title to said lands in the plaintiff.
(b) Against all persons who have neither paid any taxes upon said lands nor had any possession thereof, or of any part thereof, during the five years next preceding the filing of the complaint, 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 color of title to said lands in the plaintiff or in the plaintiff and those through whom he claims title, and payment of taxes during said five-year period by the plaintiff or by the plaintiff and those through whom he claims title, or proof of exclusive payment of taxes by the plaintiff or by the plaintiff and those through whom he claims title, during said five-year period shall be prima facie evidence of title to said lands in the plaintiff.
(c) Against all persons who have neither paid any taxes upon said lands nor had any possession thereof, or of any part thereof, during the 10 years next preceding the filing of the complaint, 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 color of title to said lands in the plaintiff or in the plaintiff and those through whom he claims title, and payment of taxes during said 10-year period by the plaintiff or by the plaintiff and those through whom he claims title, or proof of exclusive payment of taxes by the plaintiff or by the plaintiff and those through whom he claims title, during said 10-year period, shall be conclusive evidence of title to said lands in the plaintiff.
(Acts 1923, No. 526, p. 699; Code 1923, §9919; Code 1940, T. 7, §1123; Acts 1951, No. 882, p. 1521, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-567 - Interest or Title to Be Shown by Legal Evidence.

Section 6-6-567
Interest or title to be shown by legal evidence.
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, §9920; Code 1940, T. 7, §1124.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-568 - Intervention.

Section 6-6-568
Intervention.
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 therein sought to be established.
(Acts 1923, No. 526, p. 699; Code 1923, §9924; Code 1940, T. 7, §1128; Acts 1951, No. 882, p. 1521, §8.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-569 - Judgment - Contents.

Section 6-6-569
Judgment - Contents.
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 shall adjudge the title to such property, or the interest therein, claimed in the complaint to be in the plaintiff, counterclaimant, or claimant, or partly in one and partly in the other, specifying the part in or to which each has title or interest, and such judgment shall be binding and conclusive on all parties made defendant in said case.
(Acts 1923, No. 526, p. 699; Code 1940, T. 7, §1126; Acts 1951, No. 882, p. 1521, §7.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-570 - Judgment - Recordation.

Section 6-6-570
Judgment - Recordation.
The court shall, in the judgment, order that a certified copy thereof be recorded in the office of the judge of probate for the county in which the lands lie, and in the judgment direct in whose names it shall be indexed on the direct index and in whose names it shall be indexed on the indirect index of the record thereof. The register or clerk shall, within 30 days from the entry of the judgment, file a certified copy thereof in the office of the judge of probate for record and tax the expense thereof as part of the cost of the case. The judge of probate shall record such copy in the same book and manner in which deeds are recorded and index the same as in said judgment ordered or directed. Said judgment shall be binding upon all persons except as is provided in this division.
(Acts 1923, No. 526, p. 699; Code 1923, §9923; Code 1940, T. 7, §1127.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-571 - Assessment of Costs.

Section 6-6-571
Assessment of costs.
The court shall have the power to 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 should some of the defendants file counterclaims or should certain persons intervene, the cost shall be assessed by the court as justice may require.
(Acts 1951, No. 882, p. 1521.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-572 - To Whom Title or Interest Inures.

Section 6-6-572
To whom title or interest inures.
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 or interest shall be at all times treated and considered as though it had been established in favor of the person so procuring or deriving title.
(Acts 1923, No. 526, p. 699; Code 1923, §9927; Code 1940, T. 7, §1131.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-573 - Remedy and Procedure Cumulative.

Section 6-6-573
Remedy and procedure cumulative.
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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-590 - Right of Action and Venue - Vacating Charter or Annulling Existence of Corporation.

Section 6-6-590
Right of action and venue - Vacating charter or annulling existence of corporation.
(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:
(1) Offends against any of the acts creating, altering, or renewing such corporation;
(2) Violates the provisions of any law, by which such corporation forfeits its charter, by abuse of its powers;
(3) Has forfeited its privileges or franchises by failure to exercise its powers;
(4) Has done or omitted any act which amounts to a surrender of its corporate rights, privileges, and franchises; or
(5) Exercises a franchise or privilege not conferred on it by law.
(b) The judge of the circuit court, whenever he believes that any of the acts or omissions specified in subsection (a) of this section can be proved and it is necessary for the public good, must direct the district attorney to commence an action, or an action may be commenced without the direction of the judge on the information of any person giving security for the costs of the action, to be approved by the clerk of the court in which the action is commenced.
(c) Actions under this section must be commenced in the circuit court of the county in which the corporation has its principal office or, if it has no principal office, of any county in which it does business; or if it has no principal office and is doing no business in the state, such action may be commenced in any county.
(Code 1852, §§2651-2653; Code 1867, §§3079-3081; Code 1876, §§3419-3421; Code 1886, §§3167-3169; Code 1896, §§3417-3419; Code 1907, §§5450-5452; Code 1923, §§9929-9931; Code 1940, T. 7, §§1133-1135.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-591 - Right of Action and Venue - Usurpation, etc., of Office or Franchise, Etc.

Section 6-6-591
Right of action and venue - Usurpation, etc., of office or franchise, etc.
(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, certificate, or other legal authorization within this state or any office in a corporation created by the authority of this state;
(2) When any public officer, civil or military, has done or suffered any act by which, under the law, he forfeits his office; or
(3) When any association, or number of persons, acts within this state as a corporation without being duly incorporated.
(b) The judge of the circuit court may direct the action to be commenced when he believes that any of the acts specified in subsection (a) of this section can be proved and it is necessary for the public good, or it may be commenced without the direction of such judge on the information of any person giving security for the costs of the action, to be approved by the clerk of the court in which the action is brought.
(c) An action under this section must be commenced in the circuit court of the county in which the acts are done or suffered or, if to try the right to a corporate office, in the circuit court of the county in which the corporation has its principal office or, if it has no principal office, in any county in which it does business.
(Code 1852, §§2654-2656; Code 1867, §§3082-3084; Code 1876, §§3422-3424; Code 1886, §§3170, 3171; Code 1896, §§3420-3422; Code 1907, §§5453-5455; Code 1923, §§9932-9934; Code 1940, T. 7, §§1136-1138.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-592 - Complaint to Be Clear and Concise.

Section 6-6-592
Complaint to be clear and concise.
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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-593 - Court Always Open; Return of Summons; Setting of Case for Trial; Trial by Court or Jury.

Section 6-6-593
Court always open; return of summons; setting of case for trial; trial by court or jury.
(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 expiration of five days after such service. If such return day shall be a day of any regular or special session of the court, the case stands for trial on the next day after the return day, unless good cause shall be shown for further delay; but if such return day does not fall within a regular or special session, the judge must fix a day for the hearing, of which the clerk must notify the parties or their attorneys; and on such day the case may be tried or, for good cause shown or by consent of parties and the approval of the court, may be continued to another day.
(b) The case specified in this section must be tried by the court without a jury unless a jury is demanded in writing either by the informant at the time of filing the information or by the defendant at the time of filing the answer, but by the consent of both parties a trial by jury may be had where previously waived or may be waived where previously demanded by either party. If need be, the court or judge may order the sheriff to summon the requisite number of persons to serve as jurors.
(Code 1896, §§3424, 3425; Code 1907, §§5457, 5458; Code 1923, §§9936, 9937; Code 1940, T. 7, §§1140, 1141.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-594 - Joinder - Alleged Corporation as Party Defendant.

Section 6-6-594
Joinder - Alleged corporation as party defendant.
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 execution may go against it by its alleged corporate name, as in other cases.
(Code 1896, §3423; Code 1907, §5456; Code 1923, §9935; Code 1940, T. 7, §1139.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-595 - Joinder - Informant.

Section 6-6-595
Joinder - Informant.
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, §9938; Code 1940, T. 7, §1142.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-596 - Effect of Informant's Death.

Section 6-6-596
Effect of informant's death.
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 substituted in their place, the action shall be dismissed.
(Code 1852, §§2658, 2659; Code 1867, §§3086, 3087; Code 1876, §§3426, 3427; Code 1886, §3173; Code 1896, §3427; Code 1907, §5460; Code 1923, §9939; Code 1940, T. 7, §1143.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-597 - Addition of Person Rightly Entitled to Office; Entry of Judgment on Such Right; Delivery of Books, Papers, and Property.

Section 6-6-597
Addition of person rightly entitled to office; entry of judgment on such right; delivery of books, papers, and property.
(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 of the party so alleged to be entitled or only upon the right of the defendant, as justice may require.
(b) If judgment is entered upon the right of the person so alleged to be entitled and the same is in favor of such person, he is entitled, after taking the oath of office and executing such official bond as may be required, to take upon himself the execution of the office, and it is his duty, immediately thereafter, to demand of the defendant all the books, papers, and property in his custody, or within his power, belonging to the office. On refusal or neglect to deliver over the same, he may be proceeded against as is prescribed by the provisions of this Code to compel the delivery of books, papers, property, and money by public officers to successors.
(Code 1852, §§2661-2663; Code 1867, §§3089-3091; Code 1876, §§3429-3431; Code 1886, §§3175, 3176; Code 1896, §§3429, 3430; Code 1907, §§5462, 5463; Code 1923, §§9941, 9942; Code 1940, T. 7, §§1145, 1146.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-598 - Validity of Election Not Triable.

Section 6-6-598
Validity of election not triable.
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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-599 - Judgment - Dissolving Corporation and Excluding Same From Corporate Rights, Etc.

Section 6-6-599
Judgment - Dissolving corporation and excluding same from corporate rights, etc.
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, privileges, and franchises and be dissolved, and judgment for costs must be entered against the persons claiming to be such corporation and the directors or managers thereof, as established by the evidence. Execution shall be issued on such judgment at the expiration of five days from the date thereof, unless the defendant or the persons claiming to be such corporation shall, within such time, take an appeal to the supreme court.
(Code 1852, §2666; Code 1867, §3094; Code 1876, §3434; Code 1886, §3179; Code 1896, §3433; Code 1907, §5466; Code 1923, §9945; Code 1940, T. 7, §1149.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-600 - Judgment - Excluding Defendant From Office or Franchise or Prohibiting Practice of Profession.

Section 6-6-600
Judgment - Excluding defendant from office or franchise or prohibiting practice of profession.
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 entered that such defendant be excluded from the office or franchise or be prohibited from practicing such profession and that the plaintiff recover costs against such defendant. Execution shall be issued on such judgment at the expiration of five days from the date thereof, unless the defendant shall, within such time, take an appeal to the supreme court. Any violation of any such order shall be a contempt of court.
(Code 1852, §2665; Code 1867, §3093; Code 1876, §3433; Code 1886, §3178; Code 1896, §3432; Code 1907, §5465; Code 1923, §9944; Code 1940, T. 7, §1148.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-601 - Costs - Assessment.

Section 6-6-601
Costs - Assessment.
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 costs if entered for the defendant.
(Code 1852, §2667; Code 1867, §3095; Code 1876, §3435; Code 1886, §3180; Code 1896, §3434; Code 1907, §5467; Code 1923, §9946; Code 1940, T. 7, §1150.)