17 Alabama opinions name it 4 courts 1840–2024 3 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 |
|---|---|---|
Wagner v. Stategreen2 sentences2024See Wagner v. State, 197 So. 3d 517, 524 (Ala. 2015) (holding revocation hearing "substantially conformed to the requirements of Rule 27.6(c), certainly to the extent that the spirit of the rule was fully complied with.") In this case, however, it is abundantly clear from the record on appeal that the circuit court did not substantially comply with the "spirit" of Rule 27.6(c) when it revoked Hayes's community-corrections sentence. 2024The Alabama Supreme Court thus held that "Wagner received a hearing that substantially conformed to the requirements of Rule 27.6(c), certainly to the extent that the spirit of the rule was fully complied with." Id. at 524 (emphasis added). | 3 | 3 |
VERNON CARPET MILLS INC. v. Rossville Spinning Corp.green2 sentences2001See Vernon Carpet Mills, Inc. v. Rossville Spinning Corp., 344 So.2d 1205, 1207 (Ala.1977) (stating that the spirit of the rule favors allowing amendments “so long as the parties are provided with notice of the nature of the pleader’s claim or defense”). 1983This Court in Vernon Carpet Mills v. Rossville Spinning Corp. , 344 So.2d 1205 , 1207 (Ala. 1977), stated: "Rule 15 is reflective of the policy of the rules to allow the maximum opportunity to state each claim and have it decided on the merits, and dispense with technical requirements so long as the parties are provided with notice of the nature of the pleader's claim or defense." It is my opinion that the spirit of the rule would be violated by a court's refusal to allow amendment of the pleadings in circumstances such as those presented here without a showing of undue prejudice or delay of t | 2 | 2 |
Boyd v. Edwardsgreen2 sentences2001Cases supra.' " Boyd v. Edwards, 284 Ala. 459 , 225 So.2d 863, 865 (1969). *643 "Thus, we determine that the reference to collateral statutes in Act 87-612 does not violate the spirit or the rule of article IV, § 45, of our constitution." Section 16-28-3, Ala.Code 1975, specifies which children are required by law to attend school. 2001Cases supra.' " Boyd v. Edwards, 284 Ala. 459 , 225 So.2d 863, 865 (1969). *643 "Thus, we determine that the reference to collateral statutes in Act 87-612 does not violate the spirit or the rule of article IV, § 45, of our constitution." Section 16-28-3, Ala.Code 1975, specifies which children are required by law to attend school. | 1 | 1 |
McElhaney v. McKeehan Hosiery Mills, Inc.green1 sentence2001Because it is within the trial court’s discretion to allow or disallow amendments, see McElhaney v. McKeehan Hosiery Mills, Inc., 628 So.2d 925, 926 (Ala.Civ.App.1993), we cannot hold the trial court erred in allowing the amendment. | 1 | 1 |
COLUMBIA ENGINEERING INTERN., LTD. v. Espeygreen2 sentences1983One need not state with more particularity a cause of action against an unknown party as compared to a named partythe test is the same." Columbia Engineering, supra, at 960. 1983One need not state with more particularity a cause of action against an unknown party as compared to a named party — the test is the same." Columbia Engineering , supra, at 960. | 1 | 1 |
Reynolds v. Colliergreen2 sentences1974Covington v. Thompson, 142 Ala. 98 , 38 So. 679 (1904): “. . . a law which is general in its terms, and is in good faith so framed that all parts of the state may come within the circle of its operation, is a general law.” Yet its contravention of the subsequent and now widely accepted test established in Reynolds v. Collier, 204 Ala. 38, 39 , 85 So. 465, 467 (1920), is not nearly so clear, that test being: “. . . 1974Covington v. Thompson, 142 Ala. 98 , 38 So. 679 (1904): “. . . a law which is general in its terms, and is in good faith so framed that all parts of the state may come within the circle of its operation, is a general law.” Yet its contravention of the subsequent and now widely accepted test established in Reynolds v. Collier, 204 Ala. 38, 39 , 85 So. 465, 467 (1920), is not nearly so clear, that test being: “. . . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Giles v. Giles
green
2 sentences1992On the record before us we cannot say that the court abused its discretion in denying the motion, but we are *Page 1027 of the opinion that a hearing should be held to determine the circumstances which led to the failure of the deed being offered into evidence." 404 So.2d at 651 . 1992On the record before us we cannot say that the court abused its discretion in denying the motion, but we are of the opinion that a hearing should be held to determine the circumstances which led to the failure of the deed being offered into evidence.” 404 So.2d at 651 . | 2 | 1992–1992 |
Fuller v. State
neutral
2 sentences1925Fuller v. State, 117 Ala. 36 , 23 So. 688 . 1911But we think the spirit of the rule is not violated by the shorthand statement of similarity here made by this witness, in connection with the marked peculiarities stated by him, subject as it was to cross-examination by defendant. — Fuller v. State, 117 Ala. 36 , 23 South. 688 . | 2 | 1911–1925 |
Pope v. State
green
1 sentence1984Pope v. State , 57 So. at 250 . | 1 | 1984–1984 |
Alabama Power Company v. Tatum
green
1 sentence1980Alabama Power Co. v. Tatum , 293 Ala. 500 , 306 So.2d 351 (1975). | 1 | 1980–1980 |
State ex rel. Covington v. Thompson
green
1 sentence1974Covington v. Thompson, 142 Ala. 98 , 38 So. 679 (1904): “. . . a law which is general in its terms, and is in good faith so framed that all parts of the state may come within the circle of its operation, is a general law.” Yet its contravention of the subsequent and now widely accepted test established in Reynolds v. Collier, 204 Ala. 38, 39 , 85 So. 465, 467 (1920), is not nearly so clear, that test being: “. . . | 1 | 1974–1974 |
Long v. Booe
neutral
1 sentence1924The spirit of this rule has been adopted in our own cases of Parker v. Newman, 200 Ala. 103 , 75 South. 479 , and Long v. Booe, 106 Ala. 570 , 17 South. 716 . | 1 | 1924–1924 |
Parker v. Newman
green
2 sentences1924The spirit of this rule has been adopted in our own cases of Parker v. Newman, 200 Ala. 103 , 75 South. 479 , and Long v. Booe, 106 Ala. 570 , 17 South. 716 . 1924The spirit of this rule has been adopted in our own cases of Parker v. Newman, 200 Ala. 103 , 75 South. 479 , and Long v. Booe, 106 Ala. 570 , 17 South. 716 . | 1 | 1924–1924 |
Vaughan v. Robinson
neutral
1 sentence1894Whilst this delay is not so great as in Vaughn v. Robinson, 22 Ala. 519 , supra, it comes within the spirit and principle of that decision. | 1 | 1894–1894 |
Young v. Triplett
green
1 sentence1840Saunders, 320, note 4;) who says, (when treating of the subject of dependent and independent conditions) “if a day be appointed for the payment of money, or a part of it, or for the doing of any other act, and the day is to happen, or may happen before the thing, which is the consideration of the money, or other act to be performed, an action may be brought for the money, or for not doing such other act, before performance: for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent: and so it is'when no time is fixed for the performan | 1 | 1840–1840 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.