constitutionally guaranteed principle (Alabama) · Go Syfert
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constitutionally guaranteed principle in Alabama

11 Alabama opinions name it 2 courts 2001–2024 1 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 (3)

CaseFollowedCited
Alabama State Docks Terminal Ry. v. Lylesgreen
ala · 2001 · cited in 7 Alabama opinions naming this issue, 2002–2024
2 sentences

2024Without jurisdiction, a court has no power to act and must dismiss the action." Alabama State Docks Terminal Ry. v. Lyles, 797 So. 2d 432, 435 (Ala. 2001).

2016Without jurisdiction, a court has no power to act and must dismiss the action.’ ” Ex parte Alabama Dep’t of Mental Health & Mental Retardation, 837 So.2d 808, 810 (Ala. 2002) (quoting Alabama State Docks Terminal Ry. v. Lyles, 797 So.2d 432, 435 (Ala.2001)).

57
Ex Parte Alabama Dept. of Mental Healthgreen
ala · 2002 · cited in 2 Alabama opinions naming this issue, 2007–2016
2 sentences

2007Ex parte Alabama Dep't of Mental Health & Mental Retardation, 837 So.2d 808, 810 (Ala.2002). "'This constitutionally guaranteed principle of sovereign immunity, acting as a jurisdictional bar, precludes a court from *225 exercising subject-matter jurisdiction.

2007Ex parte Alabama Dep’t of Mental Health & Mental Retardation, 837 So.2d 808, 810 (Ala.2002). “ ‘This constitutionally guaranteed principle of sovereign immunity, acting as a jurisdictional bar, precludes a court from exercising subject-matter jurisdiction.

22
Lyons v. River Road Constr., Inc.green
ala · 2003 · cited in 1 Alabama opinions naming this issue, 2003–2003
2 sentences

2003Therefore, if Lyons is protected by State immunity, we must dismiss the action against him for lack of subject-matter jurisdiction." Lyons v. River Road Constr., Inc. , 858 So.2d 257 , 261 (Ala. 2003) (citations omitted). "[A]n indirect action against the State by suing a State official . . . impermissibly seeks funds from the State treasury." Id.

2003Therefore, if Lyons is protected by State immunity, we must dismiss the action against him for lack of subject-matter jurisdiction." Lyons v. River Road Constr., Inc. , 858 So.2d 257 , 261 (Ala. 2003) (citations omitted). "[A]n indirect action against the State by suing a State official . . . impermissibly seeks funds from the State treasury." Id.

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 (2)

CaseCitedYears
Norton v. Liddell green
ala · 1967
2 sentences

2003Without jurisdiction, a court has no power to act and must dismiss the action. "`The question of jurisdiction is always fundamental, and if there is an absence of jurisdiction over either the person, or the subject matter, a court has no power to act, and jurisdiction over the subject matter cannot be created by waiver or consent.'" Mobile Gulf R.R. v. Crocker , 455 So.2d 829 , 831 (Ala. 1984) (quoting Norton v. Liddell , 280 Ala. 353 , 356 , 194 So.2d 514 , 517 (1967)).

2003Without jurisdiction, a court has no power to act and must dismiss the action. "`The question of jurisdiction is always fundamental, and if there is an absence of jurisdiction over either the person, or the subject matter, a court has no power to act, and jurisdiction over the subject matter cannot be created by waiver or consent.'" Mobile Gulf R.R. v. Crocker , 455 So.2d 829 , 831 (Ala. 1984) (quoting Norton v. Liddell , 280 Ala. 353 , 356 , 194 So.2d 514 , 517 (1967)).

32001–2003
Mobile & Gulf R. Co. v. Crocker green
ala · 1984
2 sentences

2003Without jurisdiction, a court has no power to act and must dismiss the action. "`The question of jurisdiction is always fundamental, and if there is an absence of jurisdiction over either the person, or the subject matter, a court has no power to act, and jurisdiction over the subject matter cannot be created by waiver or consent.'" Mobile Gulf R.R. v. Crocker , 455 So.2d 829 , 831 (Ala. 1984) (quoting Norton v. Liddell , 280 Ala. 353 , 356 , 194 So.2d 514 , 517 (1967)).

2001Without jurisdiction, a court has no power to act and must dismiss the action. "`The question of jurisdiction is always fundamental, and if there is an absence of jurisdiction over either the person, or the subject matter, a court has no power to act, and jurisdiction over the subject matter cannot be created by waiver or consent.'" Mobile Gulf R.R. v. Crocker , 455 So.2d 829 , 831 (Ala. 1984) (quoting Norton v. Liddell , 280 Ala. 353 , 356 , 194 So.2d 514 , 517 (1967)).

32001–2003

Where else courts name it

AL 11 (2001–2024) HI 7 (1984–2023) MI 5 (1987–2023) NJ 3 (1992–2017) NY 3 (1979–2010) TX 3 (1991–2021) LA 2 (2003–2014) WA 2 (2005–2005) AZ 2 (1988–1990)

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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