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22 Alabama opinions name it 2 courts 1908–2025 1 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.
| Case | Followed | Cited |
|---|---|---|
Harrison v. Stategreen2 sentences1982United States v. Simmons , 96 U.S. 360 , 24 L.Ed. 819 (1877)." This court's case of Harrison v. State , 384 So.2d 641 , 643 (Ala.Cr.App. 1980), also addressed the requirements of a valid indictment: "`If there is no indictment form for an offense set out in Code § 15-8-150 , then an indictment which closely parallels the language of the statute creating the offense is generally valid. 1982United States v. Simmons, 96 U.S. 360 , 24 L.Ed. 819 (1877).” This court’s case of Harrison v. State, 384 So.2d 641, 643 (Ala.Cr.App.1980), also addressed the requirements of a valid indictment: “If there is no indictment form for an offense set out in Code § 15-8-150, then an indictment which closely parallels the language of the statute creating the offense is generally valid. | 1 | 2 |
Smith v. Stategreen1 sentence2011See also Owens v. State, 825 So.2d 861 (Ala.Crim.App.2001). “[U]n-der our system of pleading, indictments are rather a statement of legal conclusions, than of facts.... [I]t is not required that an indictment set up the proof necessary to a conviction.” Smith v. State, 797 So.2d 503, 514 (Ala.Crim.App.2000) (internal citations and quotations omitted). | 1 | 1 |
Owens v. Stategreen1 sentence2011See also Owens v. State, 825 So.2d 861 (Ala.Crim.App.2001). “[U]n-der our system of pleading, indictments are rather a statement of legal conclusions, than of facts.... [I]t is not required that an indictment set up the proof necessary to a conviction.” Smith v. State, 797 So.2d 503, 514 (Ala.Crim.App.2000) (internal citations and quotations omitted). | 1 | 1 |
Bleier v. Wellington Sears Companygreen1 sentence2007For example, the employer will not be allowed to contend that its reason for discharging the employee was that he was recuperating in the hospital from his on-the-job injury and thus was unable or unwilling to do the job." 757 So.2d at 1173 (Johnstone, J., concurring specially). | 1 | 1 |
Tucker v. McLendongreen2 sentences1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T 1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Simmons
green
2 sentences1986United States v. Simmons , 96 U.S. 360 , [ 6 Otto 360 ] 24 L.Ed. 819 (1877)." Wilder v. State , 401 So.2d 151 , 160 (Ala.Crim.App.), cert. denied, 401 So.2d 167 (Ala. 1981). 1986United States v. Simmons , 96 U.S. 360 , [ 6 Otto 360 ] 24 L.Ed. 819 (1877)." Wilder v. State , 401 So.2d 151 , 160 (Ala.Crim.App.), cert. denied, 401 So.2d 167 (Ala. 1981). | 5 | 1981–1986 |
Crane v. State
green
2 sentences1986United States v. Simmons , 96 U.S. 360 , [ 6 Otto 360 ] 24 L.Ed. 819 (1877)." Wilder v. State , 401 So.2d 151 , 160 (Ala.Crim.App.), cert. denied, 401 So.2d 167 (Ala. 1981). 1982United States v. Simmons , 96 U.S. 360 , 24 L.Ed. 819 (1877); Wilder , supra. A comparison of the language used in the indictment and in § 13A-7-42 (a), defining arson in the second degree, shows that the language in the indictment closely parallels the statutory language. | 2 | 1982–1986 |
Hill v. Almon
neutral
2 sentences1972Hill v. Almon, 224 Ala. 658 , 141 So. 625 (8). 1972Hill v. Almon, 224 Ala. 658 , 141 So. 625 (8). | 2 | 1968–1972 |
Ferris v. Montgomery Land & Improvement Co.
neutral
2 sentences1919In Ferris v. Montgomery, etc., 94 Ala. 557 , 10 South. 607 , 33 Am. 1908In Ferris v. Montgomery, etc., 94 Ala. 557 , 10 South 607 , 33 Am. | 2 | 1908–1919 |
Pittsburg & Midway Coal Mining Co. v. TUSCALOOSA CTY.
green
1 sentence2025A repeal will also result by implication when a comprehensive revision of a particular subject is promulgated, or upon the predication of a statewide system of administration to replace previous regulation by localities." ' " 994 So. 2d at 261 (quoting Day, 487 So. 2d at 858-59 , quoting in turn Sutherland, Statutes and Statutory Construction § 23.15 at 245 (Sands 4th ed. 1985)) (emphasis omitted). | 1 | 2025–2025 |
Day v. MORGAN COUNTY COM'N
green
1 sentence2025A repeal will also result by implication when a comprehensive revision of a particular subject is promulgated, or upon the predication of a statewide system of administration to replace previous regulation by localities." ' " 994 So. 2d at 261 (quoting Day, 487 So. 2d at 858-59 , quoting in turn Sutherland, Statutes and Statutory Construction § 23.15 at 245 (Sands 4th ed. 1985)) (emphasis omitted). | 1 | 2025–2025 |
Connor v. State on Information of Boutwell
green
2 sentences2008A repeal will also result by implication when a comprehensive revision of a particular subject is promulgated, or upon the predication of a statewide system of administration to replace previous regulation by localities' (Footnotes omitted.) "To the same effect is this Court's observation on repeals by implication contained in Connor, supra , 275 Ala. at 234 , 153 So.2d at 791 -92 , quoting from 50 Am.Jur. 2008A repeal will also result by implication when a comprehensive revision of a particular subject is promulgated, or upon the predication of a statewide system of administration to replace previous regulation by localities' (Footnotes omitted.) "To the same effect is this Court's observation on repeals by implication contained in Connor, supra , 275 Ala. at 234 , 153 So.2d at 791 -92 , quoting from 50 Am.Jur. | 1 | 2008–2008 |
Whalen v. United States
green
1 sentence1999We went on to emphasize the qualification on that rule: "`[W]here the offenses are the same... cumulative sentences are not permitted, unless elsewhere specially authorized by Congress.' Id., at 693[, 100 S.Ct. 1432 ] (emphasis added). | 1 | 1999–1999 |
Atlantic & Pacific Telegraph Co. v. Philadelphia
green
2 sentences1988Co. v. Philadelphia, 190 U.S. 160 , 166, 23 Sup.Ct. 817 [819-20], 47 L.Ed. 995 ; but the conclusion, in this respect, of our cases, as well as the tests cited above, seem[s] to us to afford the sounder, more practical rule, and will be adhered to. 1988Co. v. Philadelphia, 190 U.S. 160 , 166, 23 Sup.Ct. 817 [819-20], 47 L.Ed. 995 ; but the conclusion, in this respect, of our cases, as well as the tests cited above, seem[s] to us to afford the sounder, more practical rule, and will be adhered to. | 1 | 1988–1988 |
Bozeman v. State
green
1 sentence1986United States v. Simmons , 96 U.S. 360 , [ 6 Otto 360 ] 24 L.Ed. 819 (1877)." Wilder v. State , 401 So.2d 151 , 160 (Ala.Crim.App.), cert. denied, 401 So.2d 167 (Ala. 1981). | 1 | 1986–1986 |
Poellnitz v. State
neutral
2 sentences1975Dailey v. State, 233 Ala. 384 , 171 So. 729 ; Lancaster v. State, 214 Ala. 2 , 106 So. 617 ; Poellnitz v. State, 48 Ala.App. 196 , 263 So.2d 181 . 1975Dailey v. State, 233 Ala. 384 , 171 So. 729 ; Lancaster v. State, 214 Ala. 2 , 106 So. 617 ; Poellnitz v. State, 48 Ala.App. 196 , 263 So.2d 181 . | 1 | 1975–1975 |
Lancaster v. State
neutral
2 sentences1975Dailey v. State, 233 Ala. 384 , 171 So. 729 ; Lancaster v. State, 214 Ala. 2 , 106 So. 617 ; Poellnitz v. State, 48 Ala.App. 196 , 263 So.2d 181 . 1975Dailey v. State, 233 Ala. 384 , 171 So. 729 ; Lancaster v. State, 214 Ala. 2 , 106 So. 617 ; Poellnitz v. State, 48 Ala.App. 196 , 263 So.2d 181 . | 1 | 1975–1975 |
Dailey v. State
green
2 sentences1975Dailey v. State, 233 Ala. 384 , 171 So. 729 ; Lancaster v. State, 214 Ala. 2 , 106 So. 617 ; Poellnitz v. State, 48 Ala.App. 196 , 263 So.2d 181 . 1975Dailey v. State, 233 Ala. 384 , 171 So. 729 ; Lancaster v. State, 214 Ala. 2 , 106 So. 617 ; Poellnitz v. State, 48 Ala.App. 196 , 263 So.2d 181 . | 1 | 1975–1975 |
Magruder v. State
neutral
1 sentence1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T | 1 | 1963–1963 |
Iverson v. State
neutral
1 sentence1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T | 1 | 1963–1963 |
City Council v. National Building & Loan Ass'n
neutral
1 sentence1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T | 1 | 1963–1963 |
Personnel Board of Mobile County v. City of Mobile
green
2 sentences1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T 1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T | 1 | 1963–1963 |
Ex Parte Webster
green
2 sentences1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T 1963Sutherland, Statutory Construction, 3d Ed., Vol. 1, § 2021, p. 486, supra; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 , supra; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 , supra. The judgment appealed from is due to be affirmed. | 1 | 1963–1963 |
Herring v. Griffin
green
2 sentences1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T 1963Sutherland, Statutory Construction, 3d Ed., Vol. 1, § 2021, p. 486, supra; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 , supra; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 , supra. The judgment appealed from is due to be affirmed. | 1 | 1963–1963 |
Shepherd v. Clements
green
2 sentences1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T 1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T | 1 | 1963–1963 |
Ex Parte Jones
green
2 sentences1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T 1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T | 1 | 1963–1963 |
Bell v. Hubert
neutral
1 sentence1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T | 1 | 1963–1963 |
Central Iron & Coal Co. v. Pennington
neutral
1 sentence1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T | 1 | 1963–1963 |
Hall v. City of Birmingham
neutral
2 sentences1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T 1963“However, since there is no rule of law to prevent the repeal of a special by a later general statute, prior special or local statutes may be repealed by implication from the enactment of a later general statute where the legislative intent to effectuate a repeal is unequivocally expressed. * * * ” The foregoing principles find support in our cases, viz.: Personnel Board of Mobile County v. City of Mobile, 264 Ala. 56, 60 , 84 So.2d 365 ; Shepherd v. Clements, 224 Ala. 1, 2 , 141 So. 255 ; Ex parte Jones, 212 Ala. 259, 261 , 102 So. 234 ; Herring v. Griffin, 211 Ala. 225, 226 , 100 So. 202 ; T | 1 | 1963–1963 |
Hartford Fire Insurance v. Kirkpatrick, Dunn & Co.
green
1 sentence1929Co. v. Kirkpatrick, etc., Co., 111 Ala. 456 , 20 So. 651 , quoted approvingly in Singleterry v. Varnum, 200 Ala. 142 , 75 So. 890 . | 1 | 1929–1929 |
| Singleterry v. Varnum neutral | 1 | 1929–1929 |
| Sloss-Sheffield S. & I. Co. v. Taff neutral | 1 | 1919–1919 |
| Hodges v. Winston neutral | 1 | 1919–1919 |
| Clark v. Griffin neutral | 1 | 1915–1915 |
| Rankin v. Dean neutral | 1 | 1915–1915 |
| Rea v. Longstreet & Sedgwick green | 1 | 1915–1915 |
| Chandler v. Spear green | 1 | 1911–1911 |
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.