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11 Alabama opinions name it 3 courts 1887–2017 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.
| Case | Followed | Cited |
|---|---|---|
Faretta v. Californiagreen2 sentences2013See generally Westen, The Compulsory Process Clause, 73 Mich. L.Rev. 71, 119-120 (1974). “ ‘ “Moreover, in Faretta v. California, 422 U.S., at 819 , 95 S.Ct., at 2533 , the Court recognized that the Sixth Amendment “ ‘ “ ‘grants to the accused personally the right to make his defense. 2013See generally Westen, The Compulsory Process Clause, 73 Mich. L.Rev. 71, 119-120 (1974). “ ‘ “Moreover, in Faretta v. California, 422 U.S., at 819 , 95 S.Ct., at 2533 , the Court recognized that the Sixth Amendment “ ‘ “ ‘grants to the accused personally the right to make his defense. | 3 | 5 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Walker v. Hayes
green
2 sentences2017This Court, however, acknowledged that the legislature had "the right to make an exception to the [survival] statute." 248 Ala. at 496 , 28 So.2d at 416 . 2017This Court, however, acknowledged that the legislature had "the right to make an exception to the [survival] statute." 248 Ala. at 496 , 28 So.2d at 416 . | 2 | 2017–2017 |
Ex Parte Miles
green
2 sentences1988Ex parte Miles, Ala. [ 248 Ala. 386 ], 27 So.2d 777 . 1988Ex parte Miles, Ala. [ 248 Ala. 386 ], 27 So.2d 777 . | 2 | 1946–1988 |
Clements v. Mayfield Woolen Mills
neutral
1 sentence1913It is equally clear that the defendant had the right to plead it if he had the right to make his defense; and, having pleaded it, the court had no power to treat it as a nullity, by entering judgment by default, until it was withdrawn by the act of the party himself.” (Italics ours.) Tbe judgment nil dicit was rendered in tbis case with a writ of inquiry to ascertain tbe damages, just as in the case of Clements v. Mayfield Woolen Mills, 128 Ala. 332 , 29 South. 10 (also cited by appellant). | 1 | 1913–1913 |
Sally v. Gooden
neutral
1 sentence1887In Sally v. Gooden, 5 Ala. 78 , speaking in reference to the statute of 1839 — “to abolish attorney’s fees in certain cases” — it is said: “The language of the second section, which declares the defendant’s right to make defense forfeited when he has omitted to plead to the merits within the first week of the appearance term, is express, and, if literally interpreted, is decisive of the case at bar. | 1 | 1887–1887 |
Massey v. Steele's adm'r.
neutral
1 sentence1887But the subject-matter of the statute, the pre-existing laws, and rules of court regulating the practice in this respect, all seem to us to require such a construction to be given to the act as will not divest the court of all discretion as to the time of pleading.” A rule of practice, which declared that “no plea in abatement shall be received, if objected to, unless, by the indorsement of the clerk, it appears to have been filed within the time allowed for pleading,” was construed not to be so imperative as to require a literal compliance with its terms, and that the court may, for good caus | 1 | 1887–1887 |
Cobb v. Miller, Ripley & Co.
neutral
1 sentence1887But the subject-matter of the statute, the pre-existing laws, and rules of court regulating the practice in this respect, all seem to us to require such a construction to be given to the act as will not divest the court of all discretion as to the time of pleading.” A rule of practice, which declared that “no plea in abatement shall be received, if objected to, unless, by the indorsement of the clerk, it appears to have been filed within the time allowed for pleading,” was construed not to be so imperative as to require a literal compliance with its terms, and that the court may, for good caus | 1 | 1887–1887 |
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.