§ 6-5-143 — Venue; Filing of Complaint; Application for Preliminary Injunction

Alabama § 6-5-143

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 5: Actions
• Art. 9: Nuisances
• Div. 2: Lewdness, Assignation, or Prostitution

Text

(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.

Legislative History

(Acts 1919, No. 53, p. 52; Code 1923, §9284; Code 1940, T. 7, §1095.)