departure rule in Alabama

1987Franklin itself, which established the affected with a public interest test, defined the issue in determining the validity of economic regulation attacked upon constitutional grounds to be `whether the relief intended to be given is of a character appropriate to the existing emergency, and reasonably intended to protect against, or to alleviate, the calamitous conditions prevailing or threatened.' 169 So. at 298 ." 388 So.2d at 1214-15 .

1987Franklin itself, which established the affected with a public interest test, defined the issue in determining the validity of economic regulation attacked upon constitutional grounds to be 'whether the relief intended to be given is of a character appropriate to the existing emergency, and reasonably intended to protect against, or to alleviate, the calamitous conditions prevailing or threatened.' 169 So. at 298 ." 388 So.2d at 1214-15 .

2000The distinction in purpose, character, and extent between a search incident to an arrest and a limited search for weapons is that a search for weapons in the absence of probable cause to arrest must be limited to what is necessary to discover weapons that might be used to harm the officer or others nearby; a search incident to an arrest, on the other hand, can “involve a relatively extensive exploration of the person.” Mathews v. State, 534 So.2d 1129, 1131 (Ala.Crim.App.1988) “ ‘When police officers want to search a person’s home they must have either a search warrant or a knowing, voluntary

2000The distinction in purpose, character, and extent between a search incident to an arrest and a limited search for weapons is that a search for weapons in the absence of probable cause to arrest must be limited to what is necessary to discover weapons that might be used to harm the officer or others nearby; a search incident to an arrest, on the other hand, can “involve a relatively extensive exploration of the person.” Mathews v. State, 534 So.2d 1129, 1131 (Ala.Crim.App.1988) “ ‘When police officers want to search a person’s home they must have either a search warrant or a knowing, voluntary

1990In Lyon v. Carey , 533 F.2d 649 (D.C.

1987Franklin itself, which established the affected with a public interest test, defined the issue in determining the validity of economic regulation attacked upon constitutional grounds to be `whether the relief intended to be given is of a character appropriate to the existing emergency, and reasonably intended to protect against, or to alleviate, the calamitous conditions prevailing or threatened.' 169 So. at 298 ." 388 So.2d at 1214-15 .

1987Franklin itself, which established the affected with a public interest test, defined the issue in determining the validity of economic regulation attacked upon constitutional grounds to be 'whether the relief intended to be given is of a character appropriate to the existing emergency, and reasonably intended to protect against, or to alleviate, the calamitous conditions prevailing or threatened.' 169 So. at 298 ." 388 So.2d at 1214-15 .

1980Realizing that this result may be considered by some to be a departure from the doctrine of stare decisis , we direct attention to the dissent of the eminent Mr. Chief Justice Anderson in National Life Insurance Co. v. Abernathy , 206 Ala. 26 , 29 , 89 So. 725 (1921), in which, battling vigorously but unsuccessfully for the result we reach, he stated: I fully appreciate the admonition in brief of appellant's counsel against departing from the rule of stare decisis, but while certainty and repose is desirable, it should not be founded upon a glaring and undebatable error, and the sooner that a

1980Realizing that this result may be considered by some to be a departure from the doctrine of stare decisis , we direct attention to the dissent of the eminent Mr. Chief Justice Anderson in National Life Insurance Co. v. Abernathy , 206 Ala. 26 , 29 , 89 So. 725 (1921), in which, battling vigorously but unsuccessfully for the result we reach, he stated: I fully appreciate the admonition in brief of appellant's counsel against departing from the rule of stare decisis, but while certainty and repose is desirable, it should not be founded upon a glaring and undebatable error, and the sooner that a

1973Knox v. State, 42 Ala.App. 578 , 172 So.2d 787 ; Ingram v. State, 45 Ala.App. 108 , 226 So.2d 169 ; Duncan, supra. No further error appears in the record but for the error above set out the judgment in this cause must be reversed and the cause remanded.

1973Knox v. State, 42 Ala.App. 578 , 172 So.2d 787 ; Ingram v. State, 45 Ala.App. 108 , 226 So.2d 169 ; Duncan, supra. No further error appears in the record but for the error above set out the judgment in this cause must be reversed and the cause remanded.

1973Knox v. State, 42 Ala.App. 578 , 172 So.2d 787 ; Ingram v. State, 45 Ala.App. 108 , 226 So.2d 169 ; Duncan, supra. No further error appears in the record but for the error above set out the judgment in this cause must be reversed and the cause remanded.

1973Knox v. State, 42 Ala.App. 578 , 172 So.2d 787 ; Ingram v. State, 45 Ala.App. 108 , 226 So.2d 169 ; Duncan, supra. No further error appears in the record but for the error above set out the judgment in this cause must be reversed and the cause remanded.

1955Tecumseh Iron Co. v. Camp, 93 Ala. 572 , 9 So. 343 ; 21 Corpus Juris 132.” (Italics supplied.) The language italicized above was not intended to work a departure from the rule long established in this state to the effect that without reference to a discovery, or other relief peculiar to equity, that court will not entertain a bill for accounting unless there are mutual accounts between the parties or, if the accounts are not mutual, they are so complicated and difficult to adjust that relief at law is not adequate, or unless fiduciary relations exist between the parties.

1955The case of Tecumseh Iron Co. v. Camp, 93 Ala. 572 , 9 So. 343 , cited in Ex parte Deaton, supra, fully recognizes those principles.

1940Baumhauer v. Mobile Electrical Supply Co., 167 Ala. 439 , 52 So. 732 .

1940Baumhauer v. Mobile Electrical Supply Co., 167 Ala. 439 , 52 So. 732 .

1924See, also, Bowen v. State, 140 Ala. 65 , 37 South. 233 ; Parham v. State, 147 Ala. 57 , 42 South. 1 .

1924See, also, Bowen v. State, 140 Ala. 65 , 37 South. 233 ; Parham v. State, 147 Ala. 57 , 42 South. 1 .

1924There the justice specifically deals with the departure from the rule that was announced in Gilmore’s Case, 99 Ala. 154 , 13 South. 536 , the overlooking of Shepperd v. State, 94 Ala. 102 , 10 South. 663 , and Dennis v. State, 112 Ala. 65 , 20 South. 925 , and held that such charge now for consideration was erroneous, and that the Gilmore Case! so far as it holds to the’'contrary, is overruled.

1924There the justice specifically deals with the departure from the rule that was announced in Gilmore’s Case, 99 Ala. 154 , 13 South. 536 , the overlooking of Shepperd v. State, 94 Ala. 102 , 10 South. 663 , and Dennis v. State, 112 Ala. 65 , 20 South. 925 , and held that such charge now for consideration was erroneous, and that the Gilmore Case! so far as it holds to the’'contrary, is overruled.

1914The answer is sworn to, and, “to justify a departure from the rule that an injunction should be dissolved on a sworn answer denying the averments of the bill, it must be apparent that irreparable mischief will follow, or some circumstance peculiar in its character must exist to justify a departure from it.” —Satterfield v. John, 53 Ala. 127 ; Johnson, et al. v. Howze, et al., 154 Ala. 496 , 45 South. 653 ; Long v. Shepherd, 159 Ala. 595 , 48 South. 675 ; Weeks v. Rynum, 158 Ala. 231 , 48 South. 489 . (9) The above being our conclusions, the decree of the court below refusing to dissolve the pr

1914The answer is sworn to, and, “to justify a departure from the rule that an injunction should be dissolved on a sworn answer denying the averments of the bill, it must be apparent that irreparable mischief will follow, or some circumstance peculiar in its character must exist to justify a departure from it.” —Satterfield v. John, 53 Ala. 127 ; Johnson, et al. v. Howze, et al., 154 Ala. 496 , 45 South. 653 ; Long v. Shepherd, 159 Ala. 595 , 48 South. 675 ; Weeks v. Rynum, 158 Ala. 231 , 48 South. 489 . (9) The above being our conclusions, the decree of the court below refusing to dissolve the pr

1914The answer is sworn to, and, “to justify a departure from the rule that an injunction should be dissolved on a sworn answer denying the averments of the bill, it must be apparent that irreparable mischief will follow, or some circumstance peculiar in its character must exist to justify a departure from it.” —Satterfield v. John, 53 Ala. 127 ; Johnson, et al. v. Howze, et al., 154 Ala. 496 , 45 South. 653 ; Long v. Shepherd, 159 Ala. 595 , 48 South. 675 ; Weeks v. Rynum, 158 Ala. 231 , 48 South. 489 . (9) The above being our conclusions, the decree of the court below refusing to dissolve the pr

1914The answer is sworn to, and, “to justify a departure from the rule that an injunction should be dissolved on a sworn answer denying the averments of the bill, it must be apparent that irreparable mischief will follow, or some circumstance peculiar in its character must exist to justify a departure from it.” —Satterfield v. John, 53 Ala. 127 ; Johnson, et al. v. Howze, et al., 154 Ala. 496 , 45 South. 653 ; Long v. Shepherd, 159 Ala. 595 , 48 South. 675 ; Weeks v. Rynum, 158 Ala. 231 , 48 South. 489 . (9) The above being our conclusions, the decree of the court below refusing to dissolve the pr

1914The answer is sworn to, and, “to justify a departure from the rule that an injunction should be dissolved on a sworn answer denying the averments of the bill, it must be apparent that irreparable mischief will follow, or some circumstance peculiar in its character must exist to justify a departure from it.” —Satterfield v. John, 53 Ala. 127 ; Johnson, et al. v. Howze, et al., 154 Ala. 496 , 45 South. 653 ; Long v. Shepherd, 159 Ala. 595 , 48 South. 675 ; Weeks v. Rynum, 158 Ala. 231 , 48 South. 489 . (9) The above being our conclusions, the decree of the court below refusing to dissolve the pr

1914The answer is sworn to, and, “to justify a departure from the rule that an injunction should be dissolved on a sworn answer denying the averments of the bill, it must be apparent that irreparable mischief will follow, or some circumstance peculiar in its character must exist to justify a departure from it.” —Satterfield v. John, 53 Ala. 127 ; Johnson, et al. v. Howze, et al., 154 Ala. 496 , 45 South. 653 ; Long v. Shepherd, 159 Ala. 595 , 48 South. 675 ; Weeks v. Rynum, 158 Ala. 231 , 48 South. 489 . (9) The above being our conclusions, the decree of the court below refusing to dissolve the pr

1914There are expressions in the cases of Clemmons v. Coco, 114 Ala. 355 , 21 South. 426 , and Ezisell v. Brown, 121 Ala. 150 , 25 South. 832 , and.perhaps others, that would seem to indicate a departure from the rule of the statute and of the decisions before cited.

1912It is true that the said plea was not subject to the grounds of demurrer interposed thereto, but as said plea could not be amended so as to make it a good defense, without a departure from the defense therein attempted, the action of the court in erroneously sustaining the demurrers to same was error without injury. —Sunflower Co. v. Turner Supply Co., 158 Ala. 191 , 48 South. 510 , 132 Am.

1912It is true that the said plea was not subject to the grounds of demurrer interposed thereto, but as said plea could not be amended so as to make it a good defense, without a departure from the defense therein attempted, the action of the court in erroneously sustaining the demurrers to same was error without injury. —Sunflower Co. v. Turner Supply Co., 158 Ala. 191 , 48 South. 510 , 132 Am.

1910A very similar controversy was reviewed here in Setters v. Grace, 150 Ala. 181 , 43 South. 716 , and reformation was denied.

1910A very similar controversy was reviewed here in Setters v. Grace, 150 Ala. 181 , 43 South. 716 , and reformation was denied.

1885Edwards v. Bibb, 43 Ala. 666 , supra, is itself a departure from the rule declared, as far back as 1836, in the case of Simmons v. Augustin, 3 Por. 69, which was a decision made while the statute was in force ; and which was subsequently followed in Martin v. McKee, 30 Ala. 116 .

1885Edwards v. Bibb, 43 Ala. 666 , supra, is itself a departure from the rule declared, as far back as 1836, in the case of Simmons v. Augustin, 3 Por. 69, which was a decision made while the statute was in force ; and which was subsequently followed in Martin v. McKee, 30 Ala. 116 .

1879The cases of Myers v. Zetelle (21 Grat. 733), and Ferguson v. Lowery ( 54 Ala. 510 ), are strong and eloquent arguments in favor of generous, liberal rulings, in all cases where the results of our civil war, viewed a posteriori, have entailed a seeming liability on agents and trustees.