has adopted rule (Alabama) · Go Syfert
← Alabama issues

has adopted rule in Alabama

14 Alabama opinions name it 3 courts 1889–2005 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
Providence Saving Life Insurance Society v. Pruettgreen
ala · 1908 · cited in 3 Alabama opinions naming this issue, 1914–1969
2 sentences

1914Whereupon came a jury,” etc. This court has adopted the rule that the judgment entry is, when clear in its recitals, the controlling source of information as to what pleading constituted the issues upon which the trial was had. — Providence, etc., Co. v. Pruett, 157 Ala. 540, 546, 547 , 47 South. 1019 ; Donnelley’s Case, 130 Ala. 132 , 30 South. 452 ; Jackson's Case, 142 Ala. 55 , 37 South. 920 .

1914Whereupon came a jury,” etc. This court has adopted the rule that the judgment entry is, when clear in its recitals, the controlling source of information as to what pleading constituted the issues upon which the trial was had. — Providence, etc., Co. v. Pruett, 157 Ala. 540, 546, 547 , 47 South. 1019 ; Donnelley’s Case, 130 Ala. 132 , 30 South. 452 ; Jackson's Case, 142 Ala. 55 , 37 South. 920 .

33
Strickland v. Washingtongreen
scotus · 1984 · cited in 4 Alabama opinions naming this issue, 1989–1994
2 sentences

1994The standard this Court has adopted to test the effectiveness of counsel is stated in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

1994The standard this Court has adopted to test the effectiveness of counsel is stated in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

14
Ex Parte Lockettgreen
ala · 1989 · cited in 2 Alabama opinions naming this issue, 1991–1992
2 sentences

1992That standard requires petitioner to show 'that counsel's representation fell below an objective standard of reasonableness,' and 'that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.' " 548 So.2d at 1048 (citations omitted).

1991Ex parte Lockett , supra, at 1050 .

12
Reese v. Stategreen
alacrimapp · 1982 · cited in 1 Alabama opinions naming this issue, 2005–2005
1 sentence

2005“Evidence should be suppressed when there is either: ‘(1) An intentional misstatement by an affiant-agent, whether material or immaterial to showing probable cause; or (2) a negligent or unreasonable assertion in an affidavit, if material to showing probable cause but not where (3) the mistake is innocent, even if material to probable cause.’ ” Reese v. State, 456 So.2d 341, 351 (Ala.Crim.App.1982).

11
City of Tuscaloosa v. Howardgreen
alacivapp · 1975 · cited in 1 Alabama opinions naming this issue, 1997–1997
2 sentences

1997See City of Tuscaloosa v. Howard, 55 Ala.App. 701 , 318 So.2d 729 (Ala.Civ.App.1975).

1997See City of Tuscaloosa v. Howard, 55 Ala.App. 701 , 318 So.2d 729 (Ala.Civ.App.1975).

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 (14)

CaseCitedYears
Dannelley v. State neutral
ala · 1900
2 sentences

1923Dannelley v. State, 130 Ala. 132 .” In Doss v. Wadsworth Red Ash Coal Co., 185 Ala. 601 , 64 South. 342 , the court wrote: “This court has adopted the rule that the judgment entry is, when clear in its recitals, the controlling source of information as to what pleading constituted the issues upon which the trial was had.

1914Whereupon came a jury,” etc. This court has adopted the rule that the judgment entry is, when clear in its recitals, the controlling source of information as to what pleading constituted the issues upon which the trial was had. — Providence, etc., Co. v. Pruett, 157 Ala. 540, 546, 547 , 47 South. 1019 ; Donnelley’s Case, 130 Ala. 132 , 30 South. 452 ; Jackson's Case, 142 Ala. 55 , 37 South. 920 .

31914–1969
Jackson v. State neutral
ala · 1904
2 sentences

1969Providence, etc., Co. v. Pruett, 157 Ala. 540, 546, 547 , 47 South. 1019 ; Dannelley’s Case [Dannelley v. State], 130 Ala. 132 , 30 South. 452 ; Jackson’s Case [Jackson v. State], 142 Ala. 55 , 37 South. 920 .

1914Whereupon came a jury,” etc. This court has adopted the rule that the judgment entry is, when clear in its recitals, the controlling source of information as to what pleading constituted the issues upon which the trial was had. — Providence, etc., Co. v. Pruett, 157 Ala. 540, 546, 547 , 47 South. 1019 ; Donnelley’s Case, 130 Ala. 132 , 30 South. 452 ; Jackson's Case, 142 Ala. 55 , 37 South. 920 .

31914–1969
United States v. Titus Thomas, AKA Tee green
ca5 · 1974
1 sentence

2005This court has adopted the standard set out in United States v. Thomas, 489 F.2d 664 (5th Cir.1973), for evaluating whether evidence based upon an affidavit alleged to contain misrepresentations should be suppressed.

12005–2005
K-Mart Corp., Inc. v. Pendergrass green
ala · 1986
1 sentence

1989Nelson v. Lapeyrouse Grain Corp., supra; K-Mart Corp. v. Pendergrass , 494 So.2d 600 (Ala. 1986); Dixon v. Economy Co. , 477 So.2d 353 (Ala. 1985); Burney v. Southern Ry. , 276 Ala. 637 , 165 So.2d 726 (1964); McDaniel v. Crescent Motors, Inc. , 249 Ala. 330 , 31 So.2d 343 (1947).

11989–1989
Dixon v. Economy Co. green
ala · 1985
1 sentence

1989Nelson v. Lapeyrouse Grain Corp., supra; K-Mart Corp. v. Pendergrass , 494 So.2d 600 (Ala. 1986); Dixon v. Economy Co. , 477 So.2d 353 (Ala. 1985); Burney v. Southern Ry. , 276 Ala. 637 , 165 So.2d 726 (1964); McDaniel v. Crescent Motors, Inc. , 249 Ala. 330 , 31 So.2d 343 (1947).

11989–1989
Burney v. Southern Railway Company green
ala · 1964
2 sentences

1989Nelson v. Lapeyrouse Grain Corp., supra; K-Mart Corp. v. Pendergrass , 494 So.2d 600 (Ala. 1986); Dixon v. Economy Co. , 477 So.2d 353 (Ala. 1985); Burney v. Southern Ry. , 276 Ala. 637 , 165 So.2d 726 (1964); McDaniel v. Crescent Motors, Inc. , 249 Ala. 330 , 31 So.2d 343 (1947).

1989Nelson v. Lapeyrouse Grain Corp., supra; K-Mart Corp. v. Pendergrass , 494 So.2d 600 (Ala. 1986); Dixon v. Economy Co. , 477 So.2d 353 (Ala. 1985); Burney v. Southern Ry. , 276 Ala. 637 , 165 So.2d 726 (1964); McDaniel v. Crescent Motors, Inc. , 249 Ala. 330 , 31 So.2d 343 (1947).

11989–1989
McDaniel v. Crescent Motors, Inc. green
ala · 1947
2 sentences

1989Nelson v. Lapeyrouse Grain Corp., supra; K-Mart Corp. v. Pendergrass , 494 So.2d 600 (Ala. 1986); Dixon v. Economy Co. , 477 So.2d 353 (Ala. 1985); Burney v. Southern Ry. , 276 Ala. 637 , 165 So.2d 726 (1964); McDaniel v. Crescent Motors, Inc. , 249 Ala. 330 , 31 So.2d 343 (1947).

1989Nelson v. Lapeyrouse Grain Corp., supra; K-Mart Corp. v. Pendergrass , 494 So.2d 600 (Ala. 1986); Dixon v. Economy Co. , 477 So.2d 353 (Ala. 1985); Burney v. Southern Ry. , 276 Ala. 637 , 165 So.2d 726 (1964); McDaniel v. Crescent Motors, Inc. , 249 Ala. 330 , 31 So.2d 343 (1947).

11989–1989
Doss v. Wadsworth Red Ash Coal Co. neutral
ala · 1914
2 sentences

1969In Doss v. Wadsworth Red Ash Coal Co., 185 Ala. 597, 601 , 64 So. 341, 342 , this court wrote: “This court has adopted the rule that the judgment entry is, when clear in its recitals, the controlling source of information as to what pleading constituted the issues upon which the trial was had.

1969In Doss v. Wadsworth Red Ash Coal Co., 185 Ala. 597, 601 , 64 So. 341, 342 , this court wrote: “This court has adopted the rule that the judgment entry is, when clear in its recitals, the controlling source of information as to what pleading constituted the issues upon which the trial was had.

11969–1969
Culley v. Elford green
ala · 1914
1 sentence

1944This Court has adopted the principle thus stated: “All persons interested in a suit in equity, and whose rights will be directly affected by the decree, must be made parties, unless they are too numerous, or some of them are beyond the reach of process, or not in being; and in every case there must be such parties before the court as to insure a fair trial of the issue in behalf of all.” Culley v. Elford, supra [ 187 Ala. 165 , 65 So. 383 ]; McArthur v. Scott, 113 U.S. 340 , 5 S.Ct. 652 , 28 L.Ed. 1015 .

11944–1944
McArthur v. Scott green
· 1885
2 sentences

1944This Court has adopted the principle thus stated: “All persons interested in a suit in equity, and whose rights will be directly affected by the decree, must be made parties, unless they are too numerous, or some of them are beyond the reach of process, or not in being; and in every case there must be such parties before the court as to insure a fair trial of the issue in behalf of all.” Culley v. Elford, supra [ 187 Ala. 165 , 65 So. 383 ]; McArthur v. Scott, 113 U.S. 340 , 5 S.Ct. 652 , 28 L.Ed. 1015 .

1944This Court has adopted the principle thus stated: “All persons interested in a suit in equity, and whose rights will be directly affected by the decree, must be made parties, unless they are too numerous, or some of them are beyond the reach of process, or not in being; and in every case there must be such parties before the court as to insure a fair trial of the issue in behalf of all.” Culley v. Elford, supra [ 187 Ala. 165 , 65 So. 383 ]; McArthur v. Scott, 113 U.S. 340 , 5 S.Ct. 652 , 28 L.Ed. 1015 .

11944–1944
Moseley v. Jamison neutral
miss · 1890
1 sentence

1927In the matter of setting aside verdicts because of the inadequacy of the damages awarded, this court has adopted the rule laid down in Moseley v. Jamison, 68 Miss. 336 , 8 So. 745 : “It may be conceded that where there is no ¡standard for measuring damages, and no certain rule can be prescribed for the guidance of the .jury, the court should not ordinarily grant a new trial, although the damages awarded by the jury appear to be manifestly too small.

11927–1927
Farris v. Dudley green
ala · 1884
1 sentence

1909The rules of law applicable to this question are two, and have been thus stated by the court in the case of Farris & McCurdy v. Dudley, 78 Ala. 124 , 56 Am.

11909–1909
Dicus v. Hall, Hooper & Co. neutral
ala · 1887
1 sentence

1889This ruling, however, has not been extended further than to embrace two parcels, already used and appropriated to homestead purposes, where they together do not exceed the statutory area and valuation —Dicus v. Hall, 83 Ala. 159 ; Prior v. Stone, 19 Tex. 371 ; 70 Amer.

11889–1889
Samuel B. v. Stone green
tex · 1857
1 sentence

1889This ruling, however, has not been extended further than to embrace two parcels, already used and appropriated to homestead purposes, where they together do not exceed the statutory area and valuation —Dicus v. Hall, 83 Ala. 159 ; Prior v. Stone, 19 Tex. 371 ; 70 Amer.

11889–1889

Where else courts name it

MS 37 (1953–2023) WA 30 (1900–2019) RI 22 (1981–2011) OK 21 (1920–2004) AR 21 (1898–2019) MT 20 (1890–2025) WI 17 (1909–2005) KY 17 (1915–1977) NE 17 (1906–2024) IL 15 (1902–2024) ID 14 (1949–2020) AL 14 (1889–2005) OH 13 (1991–2024) LA 13 (1932–1991) PA 13 (1963–2025) TX 12 (1974–2022) MI 11 (1894–2023) MD 11 (1910–2023) MN 11 (1901–1997) WV 11 (1946–2013) OR 10 (1900–1987) DC 10 (1991–2024) NC 9 (1931–2019) NJ 7 (1996–2024) IN 7 (1885–2004) HI 7 (1988–2019) VT 7 (1998–2020) SD 6 (1905–1995) MO 6 (1911–2003) AZ 6 (1911–1988) IA 5 (1882–1939) CT 5 (1987–2006) ND 4 (1970–2021) UT 4 (1920–1992) CO 4 (1987–2002) KS 4 (1933–2018) CA 4 (1891–1991) NY 4 (1928–2014) NH 3 (1970–1980) VI 3 (2013–2025) FL 3 (1959–1995) WY 2 (1986–1987) DE 2 (1991–2017) TN 2 (1922–1957) MA 2 (1986–2019) GA 2 (1928–1985) NV 2 (1973–2012) AK 2 (2017–2017) NM 2 (1974–1977)

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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