issue material claim (Alabama) · Go Syfert
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issue material claim in Alabama

40 Alabama opinions name it 2 courts 1978–2001 0 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Caterpillar Tractor Co. v. Fordgreen
ala · 1981 · cited in 14 Alabama opinions naming this issue, 1984–1990
2 sentences

1989"Did the court err in granting [Miller's] motion for a directed verdict on the issue of wantonness at the close of the [Partridges'] case?" This suit was pending on June 11, 1987; therefore, Ala. Code 1975, § 12-21-12 , does not apply, and the applicable standard of review is the "scintilla rule." In Hood v. Murray , 547 So.2d 75 , 78 (Ala. 1989), this Court, quoting Caterpillar Tractor Co. v. Ford , 406 So.2d 854 , 856 (Ala. 1981), stated the standard of review for a directed verdict, using the scintilla of evidence rule, as follows: " 'A directed verdict is proper only where there is a compl

1989In Hood v. Murray , 547 So.2d 75 (Ala. 1989), this Court, quoting Caterpillar Tractor Co. v. Ford , 406 So.2d 854 , 856 (Ala. 1981), reiterated the well-established standard of review for a directed verdict applying the "scintilla rule," as follows: " 'A directed verdict is proper only where there is a complete absence of proof on an issue material to the claim or where there are no disputed questions of fact on which reasonable people could differ.

314
Fleetwood Enterprises, Inc. v. Hutchesongreen
ala · 2000 · cited in 2 Alabama opinions naming this issue, 2001–2001
2 sentences

2001See Fleetwood Enters., Inc. v. Hutcheson, 791 So.2d 920 (Ala. 2000).

2001See Fleetwood Enters., Inc. v. Hutcheson, 791 So.2d 920 (Ala.2000).

22
Ritch v. Waldropgreen
ala · 1982 · cited in 5 Alabama opinions naming this issue, 1984–1987
2 sentences

1987It is well established that "a directed verdict is proper only where there is a complete absence of proof on an issue material to the claim or where there are no disputed questions of fact on which reasonable people could differ." Ritch v. Waldrop , 428 So.2d 1 (Ala. 1982).

1987It is well established that “a directed verdict is proper only where there is a complete absence of proof on an issue material to the claim or where there are no disputed questions of fact on which reasonable people could differ.” Ritch v. Waldrop, 428 So.2d 1 (Ala.1982).

15
Ford Motor Co., Inc. v. Phillipsgreen
ala · 1989 · cited in 3 Alabama opinions naming this issue, 1990–1992
2 sentences

1992Ford Motor Co. v. Phillips , 551 So.2d 992 (Ala. 1989).

1991Ford Motor Co. v. Phillips , 551 So.2d 992 , 994 (Ala. 1989); Barksdale v. Walters , 505 So.2d 1216 , 1217 (Ala. 1987).

13
Quillen v. Quillengreen
ala · 1980 · cited in 2 Alabama opinions naming this issue, 1987–1987
2 sentences

1987Moreover, in considering the motion for directed verdict, the trial court must allow an issue to "go to the jury, if the evidence, or any reasonable inference arising therefrom, furnishes [so much as] a mere gleam, glimmer, spark, the least particle, the smallest trace, or a scintilla in support of the theory of the complaint," Kilcrease v. Harris , 288 Ala. 245 , 259 So.2d 797 (1972), and, "[i]f any reasonable inference drawn from the evidence proves to be adverse to the moving party, a motion for directed verdict is due to be denied." Quillen v. Quillen , 388 So.2d 985 , 988 (Ala. 1980).

1987Moreover, in considering the motion for directed verdict, the trial court must allow an issue to “go to the jury, if the evidence, or any reasonable inference arising therefrom, furnishes [so much as] a mere gleam, glimmer, spark, the least particle, the smallest trace, or a scintilla in support of the theory of the complaint,” Kilcrease v. Harris, 288 Ala. 245 , 259 So.2d 797 (1972), and, “[i]f any reasonable inference drawn from the evidence proves to be adverse to the moving party, a motion for directed verdict is due to be denied.” Quillen v. Quillen, 388 So.2d 985, 988 (Ala.1980).

12
Alabama Farm Bureau Mutual Casualty Insurance Co. v. Griffingreen
ala · 1987 · cited in 1 Alabama opinions naming this issue, 1991–1991
2 sentences

1991Ford Motor Co. v. Phillips , 551 So.2d 992 , 994 (Ala. 1989); Barksdale v. Walters , 505 So.2d 1216 , 1217 (Ala. 1987).

1991Ford Motor Co. v. Phillips, 551 So.2d 992, 994 (Ala. 1989); Barksdale v. Walters, 505 So.2d 1216, 1217 (Ala.1987).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Deal v. Johnson green
ala · 1978
2 sentences

1990Deal v. Johnson , 362 So.2d 214 (Ala. 1978). . . .

1990Deal v. Johnson , 362 So.2d 214 (Ala. 1978).

231981–1990
Zaharavich v. Clingerman by and Through Clingerman green
ala · 1988
2 sentences

1994Zaharavich v. Clingerman , 529 So.2d 978 (Ala. 1988).

1992Zaharavich v. Clingerman, 529 So.2d 978 (Ala.1988).

21992–1994
Hood v. Murray green
ala · 1989
2 sentences

1989"Did the court err in granting [Miller's] motion for a directed verdict on the issue of wantonness at the close of the [Partridges'] case?" This suit was pending on June 11, 1987; therefore, Ala. Code 1975, § 12-21-12 , does not apply, and the applicable standard of review is the "scintilla rule." In Hood v. Murray , 547 So.2d 75 , 78 (Ala. 1989), this Court, quoting Caterpillar Tractor Co. v. Ford , 406 So.2d 854 , 856 (Ala. 1981), stated the standard of review for a directed verdict, using the scintilla of evidence rule, as follows: " 'A directed verdict is proper only where there is a compl

1989In Hood v. Murray , 547 So.2d 75 (Ala. 1989), this Court, quoting Caterpillar Tractor Co. v. Ford , 406 So.2d 854 , 856 (Ala. 1981), reiterated the well-established standard of review for a directed verdict applying the "scintilla rule," as follows: " 'A directed verdict is proper only where there is a complete absence of proof on an issue material to the claim or where there are no disputed questions of fact on which reasonable people could differ.

21989–1989
Kilcrease v. Harris green
· 1972
2 sentences

1987Moreover, in considering the motion for directed verdict, the trial court must allow an issue to “go to the jury, if the evidence, or any reasonable inference arising therefrom, furnishes [so much as] a mere gleam, glimmer, spark, the least particle, the smallest trace, or a scintilla in support of the theory of the complaint,” Kilcrease v. Harris, 288 Ala. 245 , 259 So.2d 797 (1972), and, “[i]f any reasonable inference drawn from the evidence proves to be adverse to the moving party, a motion for directed verdict is due to be denied.” Quillen v. Quillen, 388 So.2d 985, 988 (Ala.1980).

1987Moreover, in considering the motion for directed verdict, the trial court must allow an issue to “go to the jury, if the evidence, or any reasonable inference arising therefrom, furnishes [so much as] a mere gleam, glimmer, spark, the least particle, the smallest trace, or a scintilla in support of the theory of the complaint,” Kilcrease v. Harris, 288 Ala. 245 , 259 So.2d 797 (1972), and, “[i]f any reasonable inference drawn from the evidence proves to be adverse to the moving party, a motion for directed verdict is due to be denied.” Quillen v. Quillen, 388 So.2d 985, 988 (Ala.1980).

21987–1987
Worley v. City of Huntsville neutral
alacivapp · 1984
1 sentence

1987Worley v. City of Huntsville , 452 So.2d 867 (Ala.Civ.App. 1984).

11987–1987
Continental Assur. Co. v. Kountz green
ala · 1984
1 sentence

1986Continental Assurance Co. v. Kountz , 461 So.2d 802 (Ala. 1984).

11986–1986
Dixie Electric Company v. Maggio green
ala · 1975
2 sentences

1981Under Rule 50 (e), Alabama Rules of Civil Procedure, a directed verdict is proper where there is not a "scintilla in support of the theory of the complaint," Dixie Electric Company v. Maggio , 294 Ala. 411 , 318 So.2d 274 , 276 (1975), and there is a complete absence of proof on an issue material to the claim.

1981Under Rule 50 (e), Alabama Rules of Civil Procedure, a directed verdict is proper where there is not a "scintilla in support of the theory of the complaint," Dixie Electric Company v. Maggio , 294 Ala. 411 , 318 So.2d 274 , 276 (1975), and there is a complete absence of proof on an issue material to the claim.

11981–1981
Loeb and Co., Inc. v. Martin green
ala · 1976
2 sentences

1978Loeb Co. v. Martin , 295 Ala. 262 , 327 So.2d 711 (1976); Alabama Power Co. v. Taylor , supra. We have found no proof in the record that these three defendants were de jure directors of the bankrupt corporation.

1978Loeb Co. v. Martin , 295 Ala. 262 , 327 So.2d 711 (1976); Alabama Power Co. v. Taylor , supra. We have found no proof in the record that these three defendants were de jure directors of the bankrupt corporation.

11978–1978

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