holder privilege in Alabama

2014Ex parte Miltope, 823 So.2d at 644 .

2009Evid., and Ex parte Great American Surplus Lines Insurance Co., 540 So.2d 1357 (Ala.1989), the trial court held that Wheeler/Phillips had used privileged communications "as both sword and shield," and it ordered Wheeler/Phillips to disclose Williams's file. *1100 Rule 510 states that the waiver of a privilege occurs only where the holder of the privilege "voluntarily discloses or consents to the disclosure of any significant part of the privileged matter." Wheeler/Phillips argue that they never disclosed or consented to the disclosure of any privileged information.

2000“In order to impliedly waive a testimonial privilege, the holder of the privilege must objectively manifest a clear intent not to rely upon the privilege.” Ex parte United Service Stations, Inc., supra, 628 So.2d at 505 ; Jordan v. State, 607 So.2d 333 (Ala.Crim.App.), cert. denied (Ala. 1992).

1933Stong v. Milliken, 76 Colo. 515 , 233 P. 154 .

1933Stong v. Milliken, 76 Colo. 515 , 233 P. 154 .

1922Gayle’s Adm’r v. Johnston, supra; Hatchett v. Curbow, supra. The obvious effect of the provisions of Code, § 4200, when considered in the light of the long-established pronouncements in Jackson v. Wilson, supra, is to affirm that the personal property of a decedent (not validly subjected to lien in the decedent’s lifetime) up to $1,000 in value is not assets of his estate, not subject to administration as Code, § 4200, expressly provides.

1901In Lindsay v. Williams, 17 Ala. 229 , it was said by Hargan, 0. j.: “We should hold, if an indorser [holder] did not know in what county the maker resided, and could not by diligent inquiry ascertain the county of his residence in time to sue to the first court, that this would be a sufficient excuse for failing to sue at the first term, and I think it may be questioned whether it would not dispense with the necessity of a suit altogether, even if the holder by inquiry should afterwards ascertain thé residence of the maker.” The complaint in this case, appears to be apt, in declaring the liabi

1898As the suit was instituted within less than twelve months after the present statute Avas enacted, the plea of the statute of twelve months, without further averments than those contained in the plea, presented no defense to the action. — Rawls v. Kennedy, 23 Ala. 240 .

1892It is the established doctrine of this court that the holder of negotiable paper as collateral security for a pre-existing debt is not a bona fide holder for value, nor entitled to protection against equities and defenses existing between prior parties, of which he had no notice, but that such paper is open in the hands of such holder to all the defenses which could have been made against it while in the hands of the original owner. — Miller & Co. v. Boykin, 70 Ala. 469 ; Connerly & C o. v. Plant. & Mer.

1876He had become the holder of the claim, with the right to maintain whatever suit Paine and Ligón could have maintained; and this armed him effectually against all equities which Bartlett and wife were precluded from asserting against Paine and Ligón. — Horton v. Smith, 8 Ala. 73 ; Daniel v. Sorrells, 9 Ala. 436 .

1876He had become the holder of the claim, with the right to maintain whatever suit Paine and Ligón could have maintained; and this armed him effectually against all equities which Bartlett and wife were precluded from asserting against Paine and Ligón. — Horton v. Smith, 8 Ala. 73 ; Daniel v. Sorrells, 9 Ala. 436 .