considers factors (Alabama) · Go Syfert
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considers factors in Alabama

13 Alabama opinions name it 2 courts 1976–2017 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 (4)

CaseFollowedCited
Msh v. Cahgreen
alacivapp · 2002 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003Furthermore, the trial court considers such factors as “ ‘the children’s age and sex and each parent’s ability to provide for the children’s educational, material, moral, and social needs.’ ” M.S.H. v. C.A.H., 829 So.2d 164, 168 (Ala.Civ.App.2002) (quoting Tims v. Tims, 519 So.2d 558 (Ala.Civ.App.1987)).

11
Mountain Brook v. Green Valley Partnersgreen
ala · 1997 · cited in 1 Alabama opinions naming this issue, 2001–2001
2 sentences

2001In determining whether an act is a general act or a local act, a court considers the principle that "`[i]n order for . . . a law based on a population standard which applies to only one political subdivision to be upheld as a general law, the difference in population must be substantial, the classification must be made in good faith by the legislature, and the classification must be reasonably related to the purpose sought to be achieved by the act." City of Mountain Brook v. Green Valley Partners I , 690 So.2d 359 , 362 (Ala. 1997) (quoting Masters v. Pruce , 290 Ala. 56 , 66 , 274 So.2d 33 ,

2001In determining whether an act is a general act or a local act, a court considers the principle that "`[i]n order for ... a law based on a population standard which applies to only one political subdivision to be upheld as a general law, the difference in population must be substantial, the classification must be made in good faith by the legislature, and the classification must be reasonably related to the purpose sought to be achieved by the act." City of Mountain Brook v. Green Valley Partners I, 690 So.2d 359, 362 (Ala.1997) (quoting Masters v. Pruce, 290 Ala. 56, 66 , 274 So.2d 33, 42 (197

11
Masters v. Prucegreen
ala · 1973 · cited in 1 Alabama opinions naming this issue, 2001–2001
2 sentences

2001In determining whether an act is a general act or a local act, a court considers the principle that "`[i]n order for . . . a law based on a population standard which applies to only one political subdivision to be upheld as a general law, the difference in population must be substantial, the classification must be made in good faith by the legislature, and the classification must be reasonably related to the purpose sought to be achieved by the act." City of Mountain Brook v. Green Valley Partners I , 690 So.2d 359 , 362 (Ala. 1997) (quoting Masters v. Pruce , 290 Ala. 56 , 66 , 274 So.2d 33 ,

2001In determining whether an act is a general act or a local act, a court considers the principle that "`[i]n order for . . . a law based on a population standard which applies to only one political subdivision to be upheld as a general law, the difference in population must be substantial, the classification must be made in good faith by the legislature, and the classification must be reasonably related to the purpose sought to be achieved by the act." City of Mountain Brook v. Green Valley Partners I , 690 So.2d 359 , 362 (Ala. 1997) (quoting Masters v. Pruce , 290 Ala. 56 , 66 , 274 So.2d 33 ,

11
Moore v. Mobile Infirmary Ass'ngreen
ala · 1991 · cited in 1 Alabama opinions naming this issue, 1995–1995
2 sentences

1995This Court considers a challenge to the constitutionality of a statute with a presumption and intendment in favor of the statute, and it seeks "to sustain rather than strike down the enactment of a coordinate branch of the government." However, if the statute "unreasonably invades rights guaranteed by the Constitution, we have not only the power but the duty to strike it down." Moore v. Mobile Infirmary Ass'n , 592 So.2d 156 , 159 (Ala. 1991).

1995This Court considers a challenge to the constitutionality of a statute with a presumption and intendment in favor of the statute, and it seeks "to sustain rather than strike down the enactment of a coordinate branch of the government." However, if the statute "unreasonably invades rights guaranteed by the Constitution, we have not only the power but the duty to strike it down." Moore v. Mobile Infirmary Ass'n, 592 So.2d 156, 159 (Ala. 1991).

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 (11)

CaseCitedYears
Tims v. Tims green
alacivapp · 1987
2 sentences

2017Tims v. Tims , 519 So.2d 558 (Ala. Civ.

2003Furthermore, the trial court considers such factors as “ ‘the children’s age and sex and each parent’s ability to provide for the children’s educational, material, moral, and social needs.’ ” M.S.H. v. C.A.H., 829 So.2d 164, 168 (Ala.Civ.App.2002) (quoting Tims v. Tims, 519 So.2d 558 (Ala.Civ.App.1987)).

42002–2017
Morgan County Commission v. Powell green
ala · 1974
2 sentences

1976It is difficult to understand, says the County, why the legislature would place permissive words in one subsection and mandatory words in four subsections of the same section if the first subsection was intended to be mandatory as well, especially when the Court considers the rule that, in lieu of other factors, words in a statute will be given their ordinary meaning, citing Morgan County Commission v. Powell, 292 Ala. 300 , 293 So.2d 830 (1974).

1976It is difficult to understand, says the County, why the legislature would place permissive words in one subsection and mandatory words in four subsections of the same section if the first subsection was intended to be mandatory as well, especially when the Court considers the rule that, in lieu of other factors, words in a statute will be given their ordinary meaning, citing Morgan County Commission v. Powell, 292 Ala. 300 , 293 So.2d 830 (1974).

21976–1976
Green Oil Co. v. Hornsby green
ala · 1989
2 sentences

2008Additionally, in its review of a punitive-damages award, this Court considers the factors set forth in Hammond v. City of Gadsden, 493 So.2d 1374 (Ala.1986), and Green Oil Co. v. Hornsby, 539 So.2d 218 (Ala.1989).

2008Additionally, in its review of a punitive-damages award, this Court considers the factors set forth in Hammond v. City of Gadsden , 493 So.2d 1374 (Ala. 1986), and Green Oil Co. v. Hornsby , 539 So.2d 218 (Ala. 1989).

12008–2008
Hammond v. City of Gadsden green
ala · 1986
2 sentences

2008Additionally, in its review of a punitive-damages award, this Court considers the factors set forth in Hammond v. City of Gadsden, 493 So.2d 1374 (Ala.1986), and Green Oil Co. v. Hornsby, 539 So.2d 218 (Ala.1989).

2008Additionally, in its review of a punitive-damages award, this Court considers the factors set forth in Hammond v. City of Gadsden , 493 So.2d 1374 (Ala. 1986), and Green Oil Co. v. Hornsby , 539 So.2d 218 (Ala. 1989).

12008–2008
Parker v. Parker neutral
alacivapp · 1993
1 sentence

2001Parker v. Parker, 628 So.2d 800 (Ala.Civ.App.1993).

12001–2001
Beckwith v. Beckwith green
alacivapp · 1985
1 sentence

1990Beckwith v. Beckwith, 475 So.2d 575 (Ala.Civ.App.1985).

11990–1990
Roden v. Roden green
alacivapp · 1985
1 sentence

1985Hutchinson v. Hutchinson , 474 So.2d 104 (Ala.Civ.App. 1985); Roden v. Roden , 466 So.2d 142 (Ala.Civ.App. 1985); Warren, supra. An award of alimony is not mandatory, George v. George , 447 So.2d 802 (Ala.Civ.App. 1984), but it rests within the sound discretion of the trial court and is subject to being set aside only for gross abuse.

11985–1985
Hutchinson v. Hutchinson green
alacivapp · 1985
1 sentence

1985Hutchinson v. Hutchinson , 474 So.2d 104 (Ala.Civ.App. 1985); Roden v. Roden , 466 So.2d 142 (Ala.Civ.App. 1985); Warren, supra. An award of alimony is not mandatory, George v. George , 447 So.2d 802 (Ala.Civ.App. 1984), but it rests within the sound discretion of the trial court and is subject to being set aside only for gross abuse.

11985–1985
Rutledge v. Brilliant Coal Co. neutral
ala · 1945
2 sentences

1985Rutledge v. Brilliant Coal Co., 247 Ala. 40 , 22 So.2d 428 (1945).

1985Rutledge v. Brilliant Coal Co., 247 Ala. 40 , 22 So.2d 428 (1945).

11985–1985
Warren v. Warren neutral
alacivapp · 1980
1 sentence

1985Hutchinson v. Hutchinson , 474 So.2d 104 (Ala.Civ.App. 1985); Roden v. Roden , 466 So.2d 142 (Ala.Civ.App. 1985); Warren, supra. An award of alimony is not mandatory, George v. George , 447 So.2d 802 (Ala.Civ.App. 1984), but it rests within the sound discretion of the trial court and is subject to being set aside only for gross abuse.

11985–1985
George v. George green
alacivapp · 1984
1 sentence

1985Hutchinson v. Hutchinson , 474 So.2d 104 (Ala.Civ.App. 1985); Roden v. Roden , 466 So.2d 142 (Ala.Civ.App. 1985); Warren, supra. An award of alimony is not mandatory, George v. George , 447 So.2d 802 (Ala.Civ.App. 1984), but it rests within the sound discretion of the trial court and is subject to being set aside only for gross abuse.

11985–1985

Where else courts name it

IL 100 (1982–2026) IN 33 (1985–2020) CA 31 (1991–2026) TX 30 (1984–2026) OH 21 (2000–2026) IA 18 (1999–2025) WA 17 (1966–2025) UT 14 (1990–2020) KS 14 (1983–2026) MD 13 (1995–2025) MI 13 (1983–2026) AL 13 (1976–2017) VA 12 (1984–2020) DE 12 (1963–2026) MS 10 (1987–2023) ID 9 (1998–2026) TN 9 (2002–2024) GA 8 (2009–2025) NJ 7 (2019–2024) DC 7 (1974–2009) NY 7 (1954–2006) PA 7 (1974–2024) MN 7 (1995–2016) MO 7 (1991–2015) OR 7 (1999–2026) MA 6 (2003–2019) NC 6 (2003–2026) LA 5 (1995–2016) CT 5 (1992–2004) AZ 5 (1990–2023) WI 4 (2020–2025) ME 3 (2014–2023) MT 3 (1981–2007) CO 3 (2003–2025) FL 3 (1986–2019) RI 3 (1989–1998) OK 2 (1993–2010) VT 2 (2011–2019) NV 2 (2008–2024) WY 2 (1994–2000) AR 2 (2020–2021) SD 2 (1996–2000)

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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