Code of Alabama
Ala. Code § 6-6-642 (2026)
Effect of Article.
✓ official Alabama Legislature (ALISON) text, current July 2026
The common law, as now in force in this state, touching any of the matters embraced in this article, is not repealed, but left in full force, the true intent and meaning of this article being to provide a plain, more speedy, and less expensive mode of procedure in all cases to which it applies; nor is anything contained in this article intended to repeal, alter, or change any statute of this state now in force in reference to proceedings for habeas corpus or mandamus.
(Code 1886, §3166; Code 1896, §2833; Code 1907, §4872; Code 1923, §8986; Code 1940, T. 7, §1080.)
Notes of Decisions
Cited in 3
cases, 2017–2018 · leading case: Minesaha, Inc. v. Town of Webb, 236 So. 3d 890 (Ala. Civ. App. 2017).
Minesaha, Inc. v. Town of Webb, 236 So. 3d 890 (Ala. Civ. App. 2017). “Regarding the effect of those provisions, § 6-6-642, states, in relevant part: "The common law, as now in force in this state, touching any of the matters embraced in this article, is not repealed, but left in full force, the true intent and meaning of this article being to…”
Embu, Inc. v. Tallapoosa Cnty. Comm'n, 263 So. 3d 731 (Ala. Civ. App. 2018). “Among other things, those provisions require that petitions for remedial writs be accompanied by an affidavit, although that requirement is not jurisdictional.”
Embu, Inc. v. Tallapoosa Cnty. Comm'n, 263 So. 3d 731 (Ala. Civ. App. 2018). “Among other things, those provisions require that petitions for remedial writs be accompanied by an affidavit, although that requirement is not jurisdictional.”
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