§ 11-42-66 — Appeals from Judgment of Probate Judge - Filing; Security for Costs; Right to Jury Trial

Alabama § 11-42-66

• Jurisdiction: Alabama
• Title 11: Counties and Municipal Corporations
• Ch. 42: Alteration of Corporate Limits
• Art. 3: Annexation of Territory by Cities of 25,000 Inhabitants or More

Text

The property holders of the city shall have the right to appeal from the judgment of the judge of probate to the circuit court of the county in which the land is situated, within 10 days from the rendition of the judgment by the judge of probate, the property owner giving security for cost of appeal, to be approved by the judge of probate, if the appeal is taken by the property owner.
On an appeal taken by either party, the action shall be entered on the trial docket and tried de novo in the circuit court, without a jury unless a trial by jury is demanded by the party taking the appeal by serving upon the other party a demand therefor in writing not less than 10 days after filing the notice of appeal or unless a trial by jury is demanded by the other party in the action by serving a demand therefor in writing upon the other party within 10 days from the time that notice of such appeal is served on him.

Legislative History

(Code 1907, §1099; Code 1923, §1793; Code 1940, T. 37, §162.)