ends inquiry (Alabama) · Go Syfert
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ends inquiry in Alabama

13 Alabama opinions name it 3 courts 1930–2010 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
Wilkinson v. Henrygreen
ala · 1930 · cited in 9 Alabama opinions naming this issue, 1961–2010
2 sentences

2010This is a universal principle, as old as the law itself; hence the question of jurisdiction is a question of primary importance in every case, and, if there is an absence of jurisdiction over the subject-matter, this ends the inquiry; it cannot be waived or supplied by consent.’ ” 874 So.2d at 502 -03 (quoting Wilkinson v. Henry, 221 Ala. 254, 256 , 128 So. 362, 364 (1930) (emphasis added in Reynolds)).

2010This is a universal principle, as old as the law itself; hence the question of jurisdiction is a question of primary importance in every case, and, if there is an absence of jurisdiction over the subject-matter, this ends the inquiry; it cannot be waived or supplied by consent.’ ” 874 So.2d at 502 -03 (quoting Wilkinson v. Henry, 221 Ala. 254, 256 , 128 So. 362, 364 (1930) (emphasis added in Reynolds)).

59
Ex Parte Smithgreen
ala · 1983 · cited in 3 Alabama opinions naming this issue, 2009–2010
2 sentences

2009Reynolds v. Colonial Bank, 874 So.2d 497, 503 (Ala.2003) (“‘[I]f there is an absence of jurisdiction over the subject-matter, this ends the inquiry; it cannot be waived or supplied by consent.” ’ (quoting Wilkinson v. Henry, 221 Ala. 254, 256 , 128 So. 362, 364 (1930) (emphasis added))); Ex parte Smith, 438 So.2d 766, 768 (Ala.1983) (‘Lack of subject matter jurisdiction may not be *226 waived by the parties and it is the duty of an appellate court to consider lack of subject matter jurisdiction ex mero motu.’ (citing City of Huntsville v. Miller, 271 Ala. 687, 688 , 127 So.2d 606, 608 (1958)))

2009Reynolds v. Colonial Bank, 874 So.2d 497, 508 (Ala.2003) (“ ‘[I]f there is an absence of jurisdiction over the subject-matter, this ends the inquiry; it cannot be waived or supplied by consent.’ ” (quoting Wilkinson v. Henry, 221 Ala. 254, 256 , 128 So. 362, 364 (1930) (emphasis added))); Ex parte Smith, 438 So.2d 766, 768 (Ala.1983) (“Lack of subject matter jurisdiction may not be waived by the parties and it is the duty of an appellate court to consider lack of subject matter jurisdiction ex mero motu.” (citing City of Huntsville v. Miller, 271 Ala. 687, 688 , 127 So.2d 606, 608 (1958))); Pa

33
Reynolds v. Colonial Bankgreen
ala · 2003 · cited in 3 Alabama opinions naming this issue, 2009–2010
2 sentences

2010This is a universal principle, as old as the law itself; hence the question of jurisdiction is a question of primary importance in every case, and, if there is an absence of jurisdiction over the subject-matter, this ends the inquiry; it cannot be waived or supplied by consent.’ ” 874 So.2d at 502 -03 (quoting Wilkinson v. Henry, 221 Ala. 254, 256 , 128 So. 362, 364 (1930) (emphasis added in Reynolds)).

2009Reynolds v. Colonial Bank, 874 So.2d 497, 503 (Ala.2003) (“‘[I]f there is an absence of jurisdiction over the subject-matter, this ends the inquiry; it cannot be waived or supplied by consent.” ’ (quoting Wilkinson v. Henry, 221 Ala. 254, 256 , 128 So. 362, 364 (1930) (emphasis added))); Ex parte Smith, 438 So.2d 766, 768 (Ala.1983) (‘Lack of subject matter jurisdiction may not be *226 waived by the parties and it is the duty of an appellate court to consider lack of subject matter jurisdiction ex mero motu.’ (citing City of Huntsville v. Miller, 271 Ala. 687, 688 , 127 So.2d 606, 608 (1958)))

23
City of Huntsville v. Millergreen
ala · 1958 · cited in 3 Alabama opinions naming this issue, 2003–2009
2 sentences

2009Reynolds v. Colonial Bank, 874 So.2d 497, 503 (Ala.2003) (“‘[I]f there is an absence of jurisdiction over the subject-matter, this ends the inquiry; it cannot be waived or supplied by consent.” ’ (quoting Wilkinson v. Henry, 221 Ala. 254, 256 , 128 So. 362, 364 (1930) (emphasis added))); Ex parte Smith, 438 So.2d 766, 768 (Ala.1983) (‘Lack of subject matter jurisdiction may not be *226 waived by the parties and it is the duty of an appellate court to consider lack of subject matter jurisdiction ex mero motu.’ (citing City of Huntsville v. Miller, 271 Ala. 687, 688 , 127 So.2d 606, 608 (1958)))

2009Reynolds v. Colonial Bank, 874 So.2d 497, 503 (Ala.2003) (“‘[I]f there is an absence of jurisdiction over the subject-matter, this ends the inquiry; it cannot be waived or supplied by consent.” ’ (quoting Wilkinson v. Henry, 221 Ala. 254, 256 , 128 So. 362, 364 (1930) (emphasis added))); Ex parte Smith, 438 So.2d 766, 768 (Ala.1983) (‘Lack of subject matter jurisdiction may not be *226 waived by the parties and it is the duty of an appellate court to consider lack of subject matter jurisdiction ex mero motu.’ (citing City of Huntsville v. Miller, 271 Ala. 687, 688 , 127 So.2d 606, 608 (1958)))

23
Bibb v. Boydgreen
alacivapp · 1982 · cited in 2 Alabama opinions naming this issue, 2009–2009
2 sentences

2009Relations, 423 So.2d 281 (Ala.Civ.App.1982); and Bibb v. Boyd, 417 So.2d 206, 208 (Ala.Civ.App.1982) (‘[I]n any event, lack of jurisdiction over the subject matter is not waivable and may be raised ex mero motu by either a trial court or by an appellate court’ (citing 5 Wright and Miller, Federal Practice and Procedure, Civil § 1393)).

2009Relations, 423 So.2d 231 (Ala.Civ.App.1982); and Bibb v. Boyd, 417 So.2d 206, 208 (Ala.Civ.App.1982) (“[I]n any event, lack of jurisdiction over the subject matter is not waivable and may be raised ex mero motu by either a trial court or by an appellate court.” (citing 5 Wright and Miller, Federal Practice and Procedure, Civil § 1393)).

22

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 (7)

CaseCitedYears
State v. Albritton green
ala · 1948
2 sentences

1997This is a universal principle, as old as the law itself; hence the question of jurisdiction is a question of primary importance in every case, and, if there is an absence of jurisdiction over the subject-matter, this ends the inquiry; it cannot be waived or supplied by consent." Ex parte Tubbs , 585 So.2d 1301 , 1302 (Ala. 1991) (quoting State v. Albritton , 251 Ala. 422 , 424-25 , 37 So.2d 640 , 642-43 (1948)). "[A] party does not waive the jurisdictional defense by appearing at a hearing on the motion or petition that the party claims to be defective for failure to comply with the UCCJA." An

1997This is a universal principle, as old as the law itself; hence the question of jurisdiction is a question of primary importance in every case, and, if there is an absence of jurisdiction over the subject-matter, this ends the inquiry; it cannot be waived or supplied by consent." Ex parte Tubbs , 585 So.2d 1301 , 1302 (Ala. 1991) (quoting State v. Albritton , 251 Ala. 422 , 424-25 , 37 So.2d 640 , 642-43 (1948)). "[A] party does not waive the jurisdictional defense by appearing at a hearing on the motion or petition that the party claims to be defective for failure to comply with the UCCJA." An

41991–1997
Ex Parte Tubbs green
ala · 1991
2 sentences

1997(Citations omitted.)" 585 So.2d at 1302 .

1997This is a universal principle, as old as the law itself; hence the question of jurisdiction is a question of primary importance in every case, and, if there is an absence of jurisdiction over the subject-matter, this ends the inquiry; it cannot be waived or supplied by consent." Ex parte Tubbs , 585 So.2d 1301 , 1302 (Ala. 1991) (quoting State v. Albritton , 251 Ala. 422 , 424-25 , 37 So.2d 640 , 642-43 (1948)). "[A] party does not waive the jurisdictional defense by appearing at a hearing on the motion or petition that the party claims to be defective for failure to comply with the UCCJA." An

21997–1997
Power v. Ratliff green
miss · 1916
2 sentences

1930This is a universal principle, as old as the law itself; hence the question of jurisdiction is a question of primary importance in every case, and, if there is an absence of jurisdiction over the subject-matter, this ends the inquiry; it cannot be waived or supplied by consent. 7 R.C.L. 1029, §§ 57, 59, and 70; Power, Secretary of State, v. Ratcliff et al., 112 Miss. 88 , 72 So. 864 , Ann.

1930This is a universal principle, as old as the law itself; hence the question of jurisdiction is a question of primary importance in every case, and, if there is an absence of jurisdiction over the subject-matter, this ends the inquiry; it cannot be waived or supplied by consent. 7 R.C.L. 1029, §§ 57, 59, and 70; Power, Secretary of State, v. Ratcliff et al., 112 Miss. 88 , 72 So. 864 , Ann.

21930–1948
City Council of City of McAlester v. Milwee neutral
okla · 1912
2 sentences

1948C.L. 1029, §§ 57, 59 and 70; Power, Secretary of State, v. Ratliff et al., 112 Miss. 88 , 72 So. 864 , Ann.Cas.1918E, 1146; City Council of McAlester v. Milwee, 31 Okl. 620 , 122 P. 173 , 40 L.R.A.,N.S., 576.

1948C.L. 1029, §§ 57, 59 and 70; Power, Secretary of State, v. Ratliff et al., 112 Miss. 88 , 72 So. 864 , Ann.Cas.1918E, 1146; City Council of McAlester v. Milwee, 31 Okl. 620 , 122 P. 173 , 40 L.R.A.,N.S., 576.

21930–1948
Payne v. Department of Industrial Relations green
alacivapp · 1982
1 sentence

2009Relations, 423 So.2d 231 (Ala.Civ.App.1982); and Bibb v. Boyd, 417 So.2d 206, 208 (Ala.Civ.App.1982) (“[I]n any event, lack of jurisdiction over the subject matter is not waivable and may be raised ex mero motu by either a trial court or by an appellate court.” (citing 5 Wright and Miller, Federal Practice and Procedure, Civil § 1393)).

12009–2009
Henderson v. Hall green
ala · 1901
2 sentences

1958This is a universal principle, as old as the law itself; hence the question of jurisdiction is a question of primary importance in every case, and, if there is an absence of jurisdiction over the subject-matter, this ends the inquiry; it cannot be waived or supplied by consent. * * *” And it has been said that “jurisdiction of the subject-matter cannot be conferred up on any court by estoppel, or even by affirmative agreement.” Henderson v. Hall, 134 Ala. 455, 506 , 32 So. 840 , 852, 63 L.R.A. 673 .

1958This is a universal principle, as old as the law itself; hence the question of jurisdiction is a question of primary importance in every case, and, if there is an absence of jurisdiction over the subject-matter, this ends the inquiry; it cannot be waived or supplied by consent. * * *" And it has been said that "jurisdiction of the subject-matter cannot be conferred upon any court by estoppel, or even by affirmative agreement." Henderson v. Hall, 134 Ala. 455, 506 , 32 So. 840 , 852, 63 L.R.A. 673 .

11958–1958
Randolph v. Randolph green
ala · 1944
2 sentences

1958Cf. Randolph v. Randolph, 245 Ala. 689, 693 , 18 So.2d 555 .

1958Cf. Randolph v. Randolph, 245 Ala. 689, 693 , 18 So.2d 555 .

11958–1958

Statutes the citing opinions construe

AL § Ala. Code § 12-1-4 (3) AL § Ala. Code § 12-2-7 (3) AL § Ala. Code § 12-3-10 (3)

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.

Where else courts name it

AL 13 (1930–2010) TX 12 (1986–2015) OH 10 (2021–2022) ID 6 (2017–2020) CA 5 (1994–2023) NY 4 (1930–2018) CO 3 (2016–2016) MN 3 (2013–2015) WA 2 (2019–2019) NV 2 (2016–2016) OR 2 (1909–1943) IL 2 (2003–2003)

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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