known rule (Alabama) · Go Syfert
← Alabama issues

known rule in Alabama

40 Alabama opinions name it 4 courts 1837–1998 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 (5)

CaseFollowedCited
James v. Stategreen
alacrimapp · 1981 · cited in 1 Alabama opinions naming this issue, 1984–1984
1 sentence

1984Regardless of this well known rule, appellant's contention is without merit, being foreclosed by James v. State, 405 So.2d 71, 74 (Ala.Crim.App.1981), wherein we held that "the Habitual Felony Offender Act was to authorize the infliction of a more severe penalty on one who is a persistent offender regardless of when the prior convictions occurred and even if they occurred before the enactment of the act." The transcript of the proceeding wherein appellant entered his guilty plea to escape, which was introduced at the coram nobis hearing, and is before us, indicates that appellant was facing tw

11
Hogan v. Alabama Power Co.green
alacivapp · 1977 · cited in 1 Alabama opinions naming this issue, 1982–1982
1 sentence

1982See e.g., Hogan v. Alabama Power Co., 351 So.2d 1378 (Ala.Civ.App.1977), and Randell v. Banzhoff, 375 So.2d 445 (Ala.1979); the latter for the well known rule that an award of punitive damages is largely in the discretion of the trial court.

11
Randell v. Banzhoffgreen
ala · 1979 · cited in 1 Alabama opinions naming this issue, 1982–1982
1 sentence

1982See e.g., Hogan v. Alabama Power Co., 351 So.2d 1378 (Ala.Civ.App.1977), and Randell v. Banzhoff, 375 So.2d 445 (Ala.1979); the latter for the well known rule that an award of punitive damages is largely in the discretion of the trial court.

11
Lindsay v. United States Savings & Loan Ass'ngreen
ala · 1897 · cited in 1 Alabama opinions naming this issue, 1942–1942
11
Champion v. Browngreen
nychanct · 1822 · cited in 1 Alabama opinions naming this issue, 1847–1847
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 (63)

CaseCitedYears
State v. Bridges green
ala · 1945
2 sentences

1981Section 40-23-4 (15) exempts from sales tax "the gross proceeds of the sale or sales of tangible personal property to county and city school boards, independent school boards and all educational institutions and agencies of the state of Alabama, the counties within the state or any incorporated municipality of the state of Alabama." Section 40-23-62 (16) exempts from use tax "tangible personal property stored, used or consumed by county and city school boards, independent school boards and all educational institutions and agencies of the state of Alabama, the counties within the state or any i

1981Section 40-23-4 (15) exempts from sales tax "the gross proceeds of the sale or sales of tangible personal property to county and city school boards, independent school boards and all educational institutions and agencies of the state of Alabama, the counties within the state or any incorporated municipality of the state of Alabama." Section 40-23-62 (16) exempts from use tax "tangible personal property stored, used or consumed by county and city school boards, independent school boards and all educational institutions and agencies of the state of Alabama, the counties within the state or any i

21955–1981
Babbitt v. Norfolk & Western Railway Company green
ca6 · 1997
1 sentence

1998Further, under FELA, a valid release "must reflect a bargained-for settlement of a known claim for a specific injury, as contrasted with an attempt to extinguish potential future claims the employee might have arising from injuries known or unknown by him." Babbitt v. Norfolk & Western Ry., 104 F.3d 89 , 93 (6th Cir.1997).

11998–1998
Citizens Bank of Moulton v. Jones green
alacivapp · 1995
2 sentences

1997Id.; Citizens Bank of Moulton v. Jones, 671 So.2d 737 (Ala.Civ.

1997Id.; Citizens Bank of Moulton v. Jones , 671 So.2d 737 (Ala.Civ.App. 1995).

11997–1997
Robinson v. State green
alacrimapp · 1978
1 sentence

1993This is known as the doctrine of multiple admissibility." Robinson v. State , 361 So.2d 379 , 381 (Ala.Cr.App. 1978), cert. denied, 361 So.2d 383 (Ala. 1978).

11993–1993
Robinson v. State green
ala · 1978
1 sentence

1993This is known as the doctrine of multiple admissibility." Robinson v. State , 361 So.2d 379 , 381 (Ala.Cr.App. 1978), cert. denied, 361 So.2d 383 (Ala. 1978).

11993–1993
Casey v. Jones green
ala · 1981
1 sentence

1984Casey v. Jones , 410 So.2d 5 (Ala. 1981).

11984–1984
Cumbaa v. Town of Geneva neutral
ala · 1938
2 sentences

1981State v. Woodham , 288 Ala. 608 , 264 So.2d 166 (1972); Cumbaa v. Town of Geneva , 235 Ala. 423 , 179 So. 227 (1938).

1981State v. Woodham , 288 Ala. 608 , 264 So.2d 166 (1972); Cumbaa v. Town of Geneva , 235 Ala. 423 , 179 So. 227 (1938).

11981–1981
Brundidge Milling Company v. State green
alacivapp · 1969
2 sentences

1981Section 40-23-4 (15) exempts from sales tax "the gross proceeds of the sale or sales of tangible personal property to county and city school boards, independent school boards and all educational institutions and agencies of the state of Alabama, the counties within the state or any incorporated municipality of the state of Alabama." Section 40-23-62 (16) exempts from use tax "tangible personal property stored, used or consumed by county and city school boards, independent school boards and all educational institutions and agencies of the state of Alabama, the counties within the state or any i

1981Section 40-23-4 (15) exempts from sales tax "the gross proceeds of the sale or sales of tangible personal property to county and city school boards, independent school boards and all educational institutions and agencies of the state of Alabama, the counties within the state or any incorporated municipality of the state of Alabama." Section 40-23-62 (16) exempts from use tax "tangible personal property stored, used or consumed by county and city school boards, independent school boards and all educational institutions and agencies of the state of Alabama, the counties within the state or any i

11981–1981
State v. Woodham green
ala · 1972
2 sentences

1981State v. Woodham , 288 Ala. 608 , 264 So.2d 166 (1972); Cumbaa v. Town of Geneva , 235 Ala. 423 , 179 So. 227 (1938).

1981State v. Woodham , 288 Ala. 608 , 264 So.2d 166 (1972); Cumbaa v. Town of Geneva , 235 Ala. 423 , 179 So. 227 (1938).

11981–1981
Caylor v. Caylor neutral
alacivapp · 1977
1 sentence

1978Caylor v. Caylor, 344 So.2d 173 (Ala.Civ.App.1977).

11978–1978
Rollings v. State green
ala · 1909
2 sentences

1978McElroy , supra, § 12.01, p. 11; Rollings v. State , 160 Ala. 82 , 49 So. 329 (1909). "(W)hen an evidentiary fact is offered for one purpose, and becomes admissible by satisfying all the rules applicable to it in that capacity, it is not inadmissible because it does not satisfy the rules applicable to it in some other capacity and because the jury might improperly consider it in the latter capacity.

1978McElroy , supra, § 12.01, p. 11; Rollings v. State , 160 Ala. 82 , 49 So. 329 (1909). "(W)hen an evidentiary fact is offered for one purpose, and becomes admissible by satisfying all the rules applicable to it in that capacity, it is not inadmissible because it does not satisfy the rules applicable to it in some other capacity and because the jury might improperly consider it in the latter capacity.

11978–1978
Brand v. State green
ala · 1941
2 sentences

1975Brand v. State, 242 Ala. 15 , 6 So.2d 446 .

1975Brand v. State, 242 Ala. 15 , 6 So.2d 446 .

11975–1975
Floyd v. Andress green
ala · 1944
2 sentences

1974Floyd v. Andress, 246 Ala. 301 , 20 So.2d 331 (1944); Lost Creek Coal & Mineral Land Co. v. Hendon, 215 Ala. 212 , 110 So. 308 (1926).

1974Floyd v. Andress, 246 Ala. 301 , 20 So.2d 331 (1944); Lost Creek Coal & Mineral Land Co. v. Hendon, 215 Ala. 212 , 110 So. 308 (1926).

11974–1974
Fuller v. State green
alactapp · 1944
2 sentences

1974“It is a well known rule of statutory construction that the word ‘may’ when used in a statute conferring power on a public official or agency can properly be construed as mandatory when the rights of the public are involved, Fuller v. State, 31 Ala.App. 324 , 16 So.2d 428 (1944).

1974“It is a well known rule of statutory construction that the word ‘may’ when used in a statute conferring power on a public official or agency can properly be construed as mandatory when the rights of the public are involved, Fuller v. State, 31 Ala.App. 324 , 16 So.2d 428 (1944).

11974–1974
Lost Creek Coal & Mineral Land Co. v. Hendon green
ala · 1926
2 sentences

1974Floyd v. Andress, 246 Ala. 301 , 20 So.2d 331 (1944); Lost Creek Coal & Mineral Land Co. v. Hendon, 215 Ala. 212 , 110 So. 308 (1926).

1974Floyd v. Andress, 246 Ala. 301 , 20 So.2d 331 (1944); Lost Creek Coal & Mineral Land Co. v. Hendon, 215 Ala. 212 , 110 So. 308 (1926).

11974–1974
Miranda v. Arizona green
scotus · 1966
2 sentences

1972The appellant argues that the court erred in overruling her ob j ections to this evidence -under the well known doctrine laid down in Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 .

1972The appellant argues that the court erred in overruling her ob j ections to this evidence -under the well known doctrine laid down in Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 .

11972–1972
Western Railway of Alabama v. Brown green
ala · 1967
2 sentences

1972In Western Railway of Alabama v. Brown, 280 Ala. 543 , 196 So.2d 392 , the defendant’s testimony disputed plaintiff’s evidence that the railroad car in the picture “ ‘looks just like the same’ ” passenger car from which she alighted when she was injured, and that “ ‘It was about the same place on the landing’ where she got off the train”.

1972In Western Railway of Alabama v. Brown, 280 Ala. 543 , 196 So.2d 392 , the defendant’s testimony disputed plaintiff’s evidence that the railroad car in the picture “ ‘looks just like the same’ ” passenger car from which she alighted when she was injured, and that “ ‘It was about the same place on the landing’ where she got off the train”.

11972–1972
Lokos v. State green
ala · 1965
2 sentences

1971Appellant argues in support of Assignment of Error No. 3 that the court erred in admitting the signed statement of defendant made at the jail and testified to by witness Tolbert because it was not shown to be voluntary under the well known rule set out in Sanders v. State, 278 Ala. 453 , 179 So.2d 35 ; Lokos v. State, 278 Ala. 586 , 179 So.2d 714 ; Myhand v. State, 259 Ala. 415 , 66 So.2d 544 .

1971Appellant argues in support of Assignment of Error No. 3 that the court erred in admitting the signed statement of defendant made at the jail and testified to by witness Tolbert because it was not shown to be voluntary under the well known rule set out in Sanders v. State, 278 Ala. 453 , 179 So.2d 35 ; Lokos v. State, 278 Ala. 586 , 179 So.2d 714 ; Myhand v. State, 259 Ala. 415 , 66 So.2d 544 .

11971–1971
Sanders v. State green
ala · 1965
2 sentences

1971Appellant argues in support of Assignment of Error No. 3 that the court erred in admitting the signed statement of defendant made at the jail and testified to by witness Tolbert because it was not shown to be voluntary under the well known rule set out in Sanders v. State, 278 Ala. 453 , 179 So.2d 35 ; Lokos v. State, 278 Ala. 586 , 179 So.2d 714 ; Myhand v. State, 259 Ala. 415 , 66 So.2d 544 .

1971Appellant argues in support of Assignment of Error No. 3 that the court erred in admitting the signed statement of defendant made at the jail and testified to by witness Tolbert because it was not shown to be voluntary under the well known rule set out in Sanders v. State, 278 Ala. 453 , 179 So.2d 35 ; Lokos v. State, 278 Ala. 586 , 179 So.2d 714 ; Myhand v. State, 259 Ala. 415 , 66 So.2d 544 .

11971–1971
Myhand v. State green
ala · 1953
2 sentences

1971Appellant argues in support of Assignment of Error No. 3 that the court erred in admitting the signed statement of defendant made at the jail and testified to by witness Tolbert because it was not shown to be voluntary under the well known rule set out in Sanders v. State, 278 Ala. 453 , 179 So.2d 35 ; Lokos v. State, 278 Ala. 586 , 179 So.2d 714 ; Myhand v. State, 259 Ala. 415 , 66 So.2d 544 .

1971Appellant argues in support of Assignment of Error No. 3 that the court erred in admitting the signed statement of defendant made at the jail and testified to by witness Tolbert because it was not shown to be voluntary under the well known rule set out in Sanders v. State, 278 Ala. 453 , 179 So.2d 35 ; Lokos v. State, 278 Ala. 586 , 179 So.2d 714 ; Myhand v. State, 259 Ala. 415 , 66 So.2d 544 .

11971–1971
Brown v. Scheuer, Wise & Co. neutral
ala · 1923
2 sentences

1963Brown v. Scheuer, Wise & Co., 210 Ala. 47 , 97 So. 50 .

1963Brown v. Scheuer, Wise & Co., 210 Ala. 47 , 97 So. 50 .

11963–1963
Vulcan Life Accident Insurance Co. v. Standifer neutral
ala · 1957
2 sentences

1960Vulcan Life & Accident Insurance Company v. Standifer, 266 Ala. 246 , 97 So.2d 568 .

1960Vulcan Life & Accident Insurance Company v. Standifer, 266 Ala. 246 , 97 So.2d 568 .

11960–1960
Savage v. Wolfe neutral
ala · 1881
1 sentence

1958Savage v. Wolfe, 69 Ala. 569 ; Echols v. State ex rel.

11958–1958
Lamar v. Lamar green
ala · 1955
1 sentence

1958Lamar v. Lamar, 263 Ala. 391 (2), 82 So.2d 558 .

11958–1958
Lámar v. Lámar green
ala · 1955
1 sentence

1958Lamar v. Lamar, 263 Ala. 391 (2), 82 So.2d 558 .

11958–1958
Halman v. Bullard green
ala · 1954
2 sentences

1956Pritchett v. Wade, 261 Ala. 156 , 73 So.2d 533 ; Halman v. Bullard, 261 Ala. 115 , 73 So.2d 351 ; Sparkman v. Williams, 260 Ala. 472 , 71 So.2d 274 .

1956Pritchett v. Wade, 261 Ala. 156 , 73 So.2d 533 ; Halman v. Bullard, 261 Ala. 115 , 73 So.2d 351 ; Sparkman v. Williams, 260 Ala. 472 , 71 So.2d 274 .

11956–1956
Pritchett v. Wade green
ala · 1954
2 sentences

1956Pritchett v. Wade, 261 Ala. 156 , 73 So.2d 533 ; Halman v. Bullard, 261 Ala. 115 , 73 So.2d 351 ; Sparkman v. Williams, 260 Ala. 472 , 71 So.2d 274 .

1956Pritchett v. Wade, 261 Ala. 156 , 73 So.2d 533 ; Halman v. Bullard, 261 Ala. 115 , 73 So.2d 351 ; Sparkman v. Williams, 260 Ala. 472 , 71 So.2d 274 .

11956–1956
Sparkman v. Williams neutral
ala · 1954
11956–1956
Anniston City Land Co. v. State neutral
ala · 1909
11955–1955
Couch v. Hutcherson neutral
ala · 1942
11952–1952
Blue v. State green
ala · 1944
11951–1951
Stockburger v. Aderholt neutral
ala · 1920
11951–1951
Foust v. Kinney green
ala · 1918
11951–1951
Hale v. State neutral
ala · 1928
11951–1951
Federal Land Bank of New Orleans v. Rowe neutral
ala · 1931
11949–1949
McClintock v. McEachin green
ala · 1947
11949–1949
Boutwell v. Spurlin Mercantile Co. neutral
ala · 1919
11949–1949
Orman v. Scharnagel neutral
ala · 1923
11942–1942
Alabama Power Co. v. Gladden neutral
alactapp · 1940
11942–1942
Aiken v. McMillan green
ala · 1925
11942–1942

Where else courts name it

IL 62 (1878–2026) MO 54 (1885–2024) PA 47 (1836–2025) IN 46 (1857–2020) KY 46 (1912–2024) TX 43 (1893–2025) CA 42 (1911–2022) NY 41 (1846–2026) AL 40 (1837–1998) WV 33 (1894–2024) IA 23 (1866–2025) WA 23 (1889–2021) TN 22 (1900–2021) GA 22 (1895–2016) OR 21 (1923–2022) MA 21 (1841–2014) CT 21 (1904–2022) FL 20 (1920–2016) LA 18 (1842–2012) ID 17 (1926–2019) AR 16 (1910–2002) NJ 16 (1913–2019) MS 15 (1940–2025) CO 15 (1909–2019) MD 14 (1903–2025) OH 12 (1919–2020) NC 12 (1903–2008) MN 12 (1871–2025) WY 11 (1928–2014) VA 10 (1896–2008) MI 9 (1975–2022) AZ 9 (1924–2026) WI 9 (1902–2020) ME 7 (1845–2019) KS 7 (1922–2020) OK 6 (1905–1996) DE 5 (1995–2026) VT 5 (1919–2016) RI 4 (2000–2022) SC 4 (1938–2026) MT 3 (1944–2008) HI 3 (1921–2008) DC 3 (1984–2021) UT 3 (2003–2025) PR 2 (1936–1967) AK 2 (2019–2019) NM 2 (1940–1967) GU 2 (2021–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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