correctness rule in Alabama

1916In Globe Iron Roofing, etc., Co. v. Thacher, 87 Ala. 458 , 6 South. 366 , the statute there in question required that the claim of an original contractor or materialman must be verified “by the oath of the claimant, or some other person having knowledge of the facts.”- In each of the cases of Dennis v. Coker, Adm’r, 34 Ala. 611 , and Pickle’s Adm’r v. Ezzell, 27 Ala. 623 , where the question of the insolvent estates was for decision, the court held that the statute required “all. claims against insolvent estates to be verified by the oath of the claimant, or of some other person ‘who knows the

1916In Globe Iron Roofing, etc., Co. v. Thacher, 87 Ala. 458 , the statute there in question required that the claim of an original contractor or materialman must be verified “by the oath of the claimant, or some other person having knowledge of the facts.” In each of the cases of Dennis v. Coker, Admr., 34 Ala. 611 , and Pickle’s Admr. v. Ezzell, 27 Ala. 623 , where the question of the sufficiency of proof of a claim against insolvent estates was for decision, the court held that the statute required “all claims against insolvent estates to be verified by the oath of the claimant, or of some othe

1975State v. Southern Electric Generating Co., 27A Ala. 668, 151 So.2d 216 ; Haden v. McCarty, 275 Ala. 76 , 152 So.2d 141 .

1975State v. Southern Electric Generating Co., 27A Ala. 668, 151 So.2d 216 ; Haden v. McCarty, 275 Ala. 76 , 152 So.2d 141 .

1975This court approved the following in Hamm, supra: “The State, in insisting that the administrative construction has had such effect, relies on the statement appearing in the last paragraph of the opinion in State v. Southern Electric Generating *336 Co., 274 Ala. 668, 671 , 151 So.2d 216 , to the effect that the State is ‘bound by the administrative construction of twenty-five years.’ This expression was considered in the recent case of International Union of Operating Engineers, Local Union No. 321 (AFL-CIO) v. The Water Works Board of the City of Birmingham, 276 Ala. 462, 163 So.2d 619 , whe

1975This court approved the following in Hamm, supra: “The State, in insisting that the administrative construction has had such effect, relies on the statement appearing in the last paragraph of the opinion in State v. Southern Electric Generating *336 Co., 274 Ala. 668, 671 , 151 So.2d 216 , to the effect that the State is ‘bound by the administrative construction of twenty-five years.’ This expression was considered in the recent case of International Union of Operating Engineers, Local Union No. 321 (AFL-CIO) v. The Water Works Board of the City of Birmingham, 276 Ala. 462, 163 So.2d 619 , whe

1878Under section 2568 of the Code, executors and administrators may file claims against insolvent estates on information and belief; these are expressly permitted by statute, but even here the Supreme Court says in Pickle’s Administrator v. Ezzell, 27 Ala. 623 , that knowledge of the correctness of the claim and that it is due, must he averred, and in Lay v. Clarke’s Administrator, 31 Ala. 409 , the affidavit must show that the claim is a just and subsisting demand.

1861To constitute a valid filing of a claim against an insolvent estate, an affidavit must he made, verifying the claim, by the oath of the claimant, or some other person who knows the correctness of the claim.” — -Code, § 1847 ; Lay v. Clark, 31 Ala. 409 ; Carhart v. Clark, ib. 396.

1975This court approved the following in Hamm, supra: “The State, in insisting that the administrative construction has had such effect, relies on the statement appearing in the last paragraph of the opinion in State v. Southern Electric Generating *336 Co., 274 Ala. 668, 671 , 151 So.2d 216 , to the effect that the State is ‘bound by the administrative construction of twenty-five years.’ This expression was considered in the recent case of International Union of Operating Engineers, Local Union No. 321 (AFL-CIO) v. The Water Works Board of the City of Birmingham, 276 Ala. 462, 163 So.2d 619 , whe

1975This court approved the following in Hamm, supra: “The State, in insisting that the administrative construction has had such effect, relies on the statement appearing in the last paragraph of the opinion in State v. Southern Electric Generating *336 Co., 274 Ala. 668, 671 , 151 So.2d 216 , to the effect that the State is ‘bound by the administrative construction of twenty-five years.’ This expression was considered in the recent case of International Union of Operating Engineers, Local Union No. 321 (AFL-CIO) v. The Water Works Board of the City of Birmingham, 276 Ala. 462, 163 So.2d 619 , whe

1938Mobile County v. Williams, 180 Ala. 639 , 61 So. 963 .

1938Mobile County v. Williams, 180 Ala. 639 , 61 So. 963 .

1916In Globe Iron Roofing, etc., Co. v. Thacher, 87 Ala. 458 , 6 South. 366 , the statute there in question required that the claim of an original contractor or materialman must be verified “by the oath of the claimant, or some other person having knowledge of the facts.”- In each of the cases of Dennis v. Coker, Adm’r, 34 Ala. 611 , and Pickle’s Adm’r v. Ezzell, 27 Ala. 623 , where the question of the insolvent estates was for decision, the court held that the statute required “all. claims against insolvent estates to be verified by the oath of the claimant, or of some other person ‘who knows the

1916In Globe Iron Roofing, etc., Co. v. Thacher, 87 Ala. 458 , the statute there in question required that the claim of an original contractor or materialman must be verified “by the oath of the claimant, or some other person having knowledge of the facts.” In each of the cases of Dennis v. Coker, Admr., 34 Ala. 611 , and Pickle’s Admr. v. Ezzell, 27 Ala. 623 , where the question of the sufficiency of proof of a claim against insolvent estates was for decision, the court held that the statute required “all claims against insolvent estates to be verified by the oath of the claimant, or of some othe

1916In Globe Iron Roofing, etc., Co. v. Thacher, 87 Ala. 458 , 6 South. 366 , the statute there in question required that the claim of an original contractor or materialman must be verified “by the oath of the claimant, or some other person having knowledge of the facts.”- In each of the cases of Dennis v. Coker, Adm’r, 34 Ala. 611 , and Pickle’s Adm’r v. Ezzell, 27 Ala. 623 , where the question of the insolvent estates was for decision, the court held that the statute required “all. claims against insolvent estates to be verified by the oath of the claimant, or of some other person ‘who knows the

1916In Globe Iron Roofing, etc., Co. v. Thacher, 87 Ala. 458 , the statute there in question required that the claim of an original contractor or materialman must be verified “by the oath of the claimant, or some other person having knowledge of the facts.” In each of the cases of Dennis v. Coker, Admr., 34 Ala. 611 , and Pickle’s Admr. v. Ezzell, 27 Ala. 623 , where the question of the sufficiency of proof of a claim against insolvent estates was for decision, the court held that the statute required “all claims against insolvent estates to be verified by the oath of the claimant, or of some othe

2011The basic correctness of this rule becomes at once apparent if it is borne in mind that the order removing an action to a Federal court does not terminate the state court’s jurisdiction but merely stays or interrupts proceedings in that court pending a disposal of the action by the Federal court.’ ” The Court in Metropolitan Life also stated that, in adopting the above-quoted language in King , the Court "implicitly overruled an earlier line of cases holding that the proper removal of an action from a state court to a federal court immediately divests the state court of jurisdiction and mak[es

1997State Dep't of Human Resources v. Funk , 651 So.2d 12 (Ala.Civ.App. 1994).

1984“Defense charge 14: “ ‘Crime of aiding and abetting .is one requiring specific intent, and mere association, as opposed to participation is not sufficient to establish guilt, nor is mere presence at scene of crime alone sufficient to sustain the burden of proof the government bears.’ United States v. Kelton, 446 F.2d 669 .” We do not question the correctness of the principle of law asserted in any of the four requested written charges.

1953Wood Lumber Co., 205 Ala. 442 , 88 So. 433 , and Buettner Bros, v. Goodhope Missionary Baptist Church, supra. We recognize the correctness of this principle, but we think that it is without application here.

1953Wood Lumber Co., 205 Ala. 442 , 88 So. 433 , and Buettner Bros, v. Goodhope Missionary Baptist Church, supra. We recognize the correctness of this principle, but we think that it is without application here.

1945See Ward v. State, 50 Ala. 120 ; Beall v. State, 53 Ala. 460 ; Graves v. State, 63 Ala. 134 ; Johnson v. State, 73 Ala. 483 ; Adams v. State, 13 Ala.App. 330 , 69 So. 357 ; Jetton v. State, 29 Ala.App. 134 , 195 So. 283 , certiorari denied 239 Ala. 306 , 195 So. 284 .

1945See Ward v. State, 50 Ala. 120 ; Beall v. State, 53 Ala. 460 ; Graves v. State, 63 Ala. 134 ; Johnson v. State, 73 Ala. 483 ; Adams v. State, 13 Ala.App. 330 , 69 So. 357 ; Jetton v. State, 29 Ala.App. 134 , 195 So. 283 , certiorari denied 239 Ala. 306 , 195 So. 284 .

1945See Ward v. State, 50 Ala. 120 ; Beall v. State, 53 Ala. 460 ; Graves v. State, 63 Ala. 134 ; Johnson v. State, 73 Ala. 483 ; Adams v. State, 13 Ala.App. 330 , 69 So. 357 ; Jetton v. State, 29 Ala.App. 134 , 195 So. 283 , certiorari denied 239 Ala. 306 , 195 So. 284 .

1945See Ward v. State, 50 Ala. 120 ; Beall v. State, 53 Ala. 460 ; Graves v. State, 63 Ala. 134 ; Johnson v. State, 73 Ala. 483 ; Adams v. State, 13 Ala.App. 330 , 69 So. 357 ; Jetton v. State, 29 Ala.App. 134 , 195 So. 283 , certiorari denied 239 Ala. 306 , 195 So. 284 .

1945See Ward v. State, 50 Ala. 120 ; Beall v. State, 53 Ala. 460 ; Graves v. State, 63 Ala. 134 ; Johnson v. State, 73 Ala. 483 ; Adams v. State, 13 Ala.App. 330 , 69 So. 357 ; Jetton v. State, 29 Ala.App. 134 , 195 So. 283 , certiorari denied 239 Ala. 306 , 195 So. 284 .

1945See Ward v. State, 50 Ala. 120 ; Beall v. State, 53 Ala. 460 ; Graves v. State, 63 Ala. 134 ; Johnson v. State, 73 Ala. 483 ; Adams v. State, 13 Ala.App. 330 , 69 So. 357 ; Jetton v. State, 29 Ala.App. 134 , 195 So. 283 , certiorari denied 239 Ala. 306 , 195 So. 284 .

1945See Ward v. State, 50 Ala. 120 ; Beall v. State, 53 Ala. 460 ; Graves v. State, 63 Ala. 134 ; Johnson v. State, 73 Ala. 483 ; Adams v. State, 13 Ala.App. 330 , 69 So. 357 ; Jetton v. State, 29 Ala.App. 134 , 195 So. 283 , certiorari denied 239 Ala. 306 , 195 So. 284 .

1945See Ward v. State, 50 Ala. 120 ; Beall v. State, 53 Ala. 460 ; Graves v. State, 63 Ala. 134 ; Johnson v. State, 73 Ala. 483 ; Adams v. State, 13 Ala.App. 330 , 69 So. 357 ; Jetton v. State, 29 Ala.App. 134 , 195 So. 283 , certiorari denied 239 Ala. 306 , 195 So. 284 .

1941Michie on Banks and Banking, Vol. 5, Chap. 9, Sec. 265, p. 485; 21 R.C.L., Sec. 41, p. 44; Batson v. Alexander City Bank, 179 Ala. 490 , 60 So. 313 .

1941Michie on Banks and Banking, Vol. 5, Chap. 9, Sec. 265, p. 485; 21 R.C.L., Sec. 41, p. 44; Batson v. Alexander City Bank, 179 Ala. 490 , 60 So. 313 .

1931Brannan v. Sherry, 195 Ala. 272 . 71 So. 106 ; Kennedy v. Lyde, 200 Ala. 604 , 76 So. 962 .

1931Brannan v. Sherry, 195 Ala. 272 . 71 So. 106 ; Kennedy v. Lyde, 200 Ala. 604 , 76 So. 962 .

1931Brannan v. Sherry, 195 Ala. 272 . 71 So. 106 ; Kennedy v. Lyde, 200 Ala. 604 , 76 So. 962 .

1931Brannan v. Sherry, 195 Ala. 272 . 71 So. 106 ; Kennedy v. Lyde, 200 Ala. 604 , 76 So. 962 .

1915The decision relied on was modified, in the presently pertinent particular, on rehearing in the case of Central of Georgia Railway Co. v. Brister, 145 Ala. 432, 434-436 , 40 South. 512 .

1915The decision relied on was modified, in the presently pertinent particular, on rehearing in the case of Central of Georgia Railway Co. v. Brister, 145 Ala. 432, 434-436 , 40 South. 512 .

1915Co. v. Brinkerhoff, 119 Ala. 606 , 24 South. 892 , treating charge 5, as sustaining the correctness of the instruction above-quoted.

1914This court, however, is committed to the correctness of the doctrine, and has followed it in a turntable case- — that of Alabama Great Southern Railroad Co. v. Crocker, 131 Ala. 585 , 31 South. 561 .

1914This court, however, is committed to the correctness of the doctrine, and has followed it in a turntable case- — that of Alabama Great Southern Railroad Co. v. Crocker, 131 Ala. 585 , 31 South. 561 .

1913Evidence of an admission by a defendant that a fixed and certain sum is due, which was claimed of him on account by the plaintiff, will support a count on a stated account, though such admission was made in response to the assertion of a claim by the plaintiff which was not accompanied by a statement of the items comprising the account; the essential matter being that the account received the assent of both parties to it. — 1 Cyc. 367; Loventhal & Son v. Morris, 103 Ala. 332 , 15 South. 672 ; Carlisle v. Davis, 9 Ala. 858 .

1913Evidence of an admission by a defendant that a fixed and certain sum is due, which was claimed of him on account by the plaintiff, will support a count on a stated account, though such admission was made in response to the assertion of a claim by the plaintiff which was not accompanied by a statement of the items comprising the account; the essential matter being that the account received the assent of both parties to it. — 1 Cyc. 367; Loventhal & Son v. Morris, 103 Ala. 332 , 15 South. 672 ; Carlisle v. Davis, 9 Ala. 858 .

1913Co., 123 Ala. 460 , 26 South. 501 .

1912The contract shows more than an ordinary sale, and in its entirety covers the furnishing of material and the erection of same in a specified manner, as well as many other acts, such as the construction of brick wall, wainscoting, tinting, and the doing of divers things, in addition to supplying the material, and therefore includes the doing of business in this state as previously defined by this court. - — American Amusement Co. v. East Lake Co., supra; Beard’s Case, 71 Ala. 60 .