favorable presumption in Alabama

78 Alabama opinions name it 4 courts 1942–2011 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 (7)

Case	Followed	Cited
Smith v. Smithgreen alacivapp · 1998 · cited in 2 Alabama opinions naming this issue, 2002–2003 2 sentences 2003See Smith v. Smith, 727 So.2d 113 (Ala.Civ.App.1998). 2003See Smith v. Smith , 727 So.2d 113 (Ala.Civ.App. 1998).	2	2
Birmingham Electric Co. v. Howardgreen ala · 1948 · cited in 15 Alabama opinions naming this issue, 1948–1984 2 sentences 1973Further, when the presiding judge refuses to grant a new trial because of the amount recovered, a favorable presumption, attending the correctness of the verdict, is thereby strengthened, State v. Farabee, 268 Ala. 437 , 108 So.2d 148 , Birmingham Electric Co. v. Howard, 250 Ala. 421 , 423, 34 So.2d 830 , and see McEntyre v. First National Bank of Headland, 27 Ala.App. 311 , 171 So. 913 , and, on review, we will not overturn the verdict of the jury or reverse the ruling of the trial court for refusing the new trial unless it clearly appears that the verdict was the result of inadvertence or in 1973Further, when the presiding judge refuses to grant a new trial because of the amount recovered, a favorable presumption, attending the correctness of the verdict, is thereby strengthened, State v. Farabee, 268 Ala. 437 , 108 So.2d 148 , Birmingham Electric Co. v. Howard, 250 Ala. 421 , 423, 34 So.2d 830 , and see McEntyre v. First National Bank of Headland, 27 Ala.App. 311 , 171 So. 913 , and, on review, we will not overturn the verdict of the jury or reverse the ruling of the trial court for refusing the new trial unless it clearly appears that the verdict was the result of inadvertence or in	1	15
Tunstill v. Stategreen ala · 1948 · cited in 14 Alabama opinions naming this issue, 1948–1984 2 sentences 1973Further, when the presiding judge refuses to grant a new trial because of the amount recovered, a favorable presumption, attending the correctness of the verdict, is thereby strengthened, State v. Farabee, 268 Ala. 437 , 108 So.2d 148 , Birmingham Electric Co. v. Howard, 250 Ala. 421 , 423, 34 So.2d 830 , and see McEntyre v. First National Bank of Headland, 27 Ala.App. 311 , 171 So. 913 , and, on review, we will not overturn the verdict of the jury or reverse the ruling of the trial court for refusing the new trial unless it clearly appears that the verdict was the result of inadvertence or in 1973Further, when the presiding judge refuses to grant a new trial because of the amount recovered, a favorable presumption, attending the correctness of the verdict, is thereby strengthened, State v. Farabee, 268 Ala. 437 , 108 So.2d 148 , Birmingham Electric Co. v. Howard, 250 Ala. 421 , 423, 34 So.2d 830 , and see McEntyre v. First National Bank of Headland, 27 Ala.App. 311 , 171 So. 913 , and, on review, we will not overturn the verdict of the jury or reverse the ruling of the trial court for refusing the new trial unless it clearly appears that the verdict was the result of inadvertence or in	1	14
Adams Supply Co. v. United States Fidelity & Guaranty Co.green ala · 1959 · cited in 3 Alabama opinions naming this issue, 1972–1981 2 sentences 1981The longstanding rule in Alabama is well-stated by Justice Lawson in Adams Supply Co. v. United States Fidelity & Guaranty Co., 269 Ala. 171 , 111 So.2d 906, 911 (1959): For emphasis, we refer to the favorable presumption of correctness attending the trial court’s conclusion on issues of fact where the evidence is taken in the presence of the court. 1981The longstanding rule in Alabama is well-stated by Justice Lawson in Adams Supply Co. v. United States Fidelity & Guaranty Co., 269 Ala. 171 , 111 So.2d 906, 911 (1959): For emphasis, we refer to the favorable presumption of correctness attending the trial court’s conclusion on issues of fact where the evidence is taken in the presence of the court.	1	3
Holcombe v. Whitakergreen · 1975 · cited in 2 Alabama opinions naming this issue, 1983–1986 2 sentences 1983Moreover, “where the trial court has ordered remittitur and refused to grant a new trial, a favorable presumption of correctness of that action is accorded.” Holcombe v. Whitaker, 294 Ala. 430 , 318 So.2d 289, 295 (1975). 1983Moreover, “where the trial court has ordered remittitur and refused to grant a new trial, a favorable presumption of correctness of that action is accorded.” Holcombe v. Whitaker, 294 Ala. 430 , 318 So.2d 289, 295 (1975).	1	2
Robert G. Lassiter & Co. v. Nixongreen ala · 1928 · cited in 2 Alabama opinions naming this issue, 1948–1969 2 sentences 1969In Waters v. Merritt, supra, this Court said: “While there is a favorable presumption attending the trial court’s findings on disputed evidence heard orally before him, there is no such presumption attending his construction of the facts (Lassiter & Company v. Nixon, 218 Ala. 484, 487 , 119 So. 17 ), nor where his conclusion rests on facts indisputably established. 1969In Waters v. Merritt, supra, this Court said: “While there is a favorable presumption attending the trial court’s findings on disputed evidence heard orally before him, there is no such presumption attending his construction of the facts (Lassiter & Company v. Nixon, 218 Ala. 484, 487 , 119 So. 17 ), nor where his conclusion rests on facts indisputably established.	1	2
Borland v. Sanders Lead Co., Inc.green ala · 1979 · cited in 1 Alabama opinions naming this issue, 1997–1997 2 sentences 1997Borland v. Sanders Lead Co. , 369 So.2d 523 , 526 (Ala. 1979). 1997Borland v. Sanders Lead Co., 369 So.2d 523, 526 (Ala.1979).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (64)

Case	Cited	Years
Santmier v. Santmier green alacivapp · 1986 2 sentences 2011Santmier v. Santmier, 494 So.2d 95 (Ala.Civ.App.1986). 1992In initial custody determinations, the parties stand on equal footing without a favorable presumption to either, Santmier v. Santmier , 494 So.2d 95 (Ala.Civ.App. 1986); however, to change custody from one parent to another, the burden is on the party seeking the change to show some change of circumstances justifying the change.	10	1991–2011
INTERNATIONAL UNION, ETC. v. Palmer neutral ala · 1956 2 sentences 1982International Union, etc. v. Palmer , 267 Ala. 683 , 104 So.2d 691 ; Birmingham Electric Co. v. Howard , 250 Ala. 421 , 34 So.2d 830 . 1982International Union, etc. v. Palmer , 267 Ala. 683 , 104 So.2d 691 ; Birmingham Electric Co. v. Howard , 250 Ala. 421 , 34 So.2d 830 .	5	1963–1982
Williams v. Williams neutral alacivapp · 1992 2 sentences 1999Further, "[i]n an initial custody determination the parties stand on equal footing without a favorable presumption to either." Williams v. Williams , 602 So.2d 425 (Ala.Civ.App. 1992). 1998In Williams v. Williams, 602 So.2d 425 (Ala.Civ.App.1992) (citations omitted), this court stated the following well-settled law regarding an initial award of custody: “In an initial custody determination the parties stand on equal footing without a favorable presumption to either.	4	1995–1999
Birmingham Electric Co. v. Thompson green ala · 1948 2 sentences 1983Thornton v. City of Birmingham , 250 Ala. 651 , 35 So.2d 545 (18); Birmingham Electric Co. v. Howard , 250 Ala. 421 , 34 So.2d 830 (6)." 251 Ala. at 466 -467 , 37 So.2d 633 . 1983Thornton v. City of Birmingham , 250 Ala. 651 , 35 So.2d 545 (18); Birmingham Electric Co. v. Howard , 250 Ala. 421 , 34 So.2d 830 (6)." 251 Ala. at 466 -467 , 37 So.2d 633 .	4	1958–1983
National Surety Co. v. Mabry green ala · 1903 2 sentences 1982And only where the damages allowed are so excessive as to warrant the belief that the jury must have been misled by some mistaken view of the merits of the case should the court interfere and set the verdict aside (National Surety Co. v. Mabry , 139 Ala. 217 , 35 So. 698 ); also, where the trial court refuses to grant a new trial because he does not believe the verdict is excessive the favorable presumption attending the jury's verdict is thereby strengthened. 1981And only where the damages allowed are so excessive as to warrant the belief that the jury must have been misled by some mistaken view of the merits of the case should the court interfere and set the verdict aside (National Surety Co. v. Mabry , 139 Ala. 217 , 35 So. 698 ); also, where the trial court refuses to grant a new trial because he does not believe the verdict is excessive the favorable presumption attending the jury's verdict is thereby strengthened.	4	1963–1982
Henderson v. Henderson neutral ala · 1934 2 sentences 1970Henderson v. Henderson, 228 Ala. 438 , 153 So. 646 ; Turner v. Turner, 251 Ala. 295 , 37 So.2d 186 . 1970Henderson v. Henderson, 228 Ala. 438 , 153 So. 646 ; Turner v. Turner, 251 Ala. 295 , 37 So.2d 186 .	4	1948–1970
Thornton v. City of Birmingham green ala · 1948 2 sentences 1983Thornton v. City of Birmingham , 250 Ala. 651 , 35 So.2d 545 (18); Birmingham Electric Co. v. Howard , 250 Ala. 421 , 34 So.2d 830 (6)." 251 Ala. at 466 -467 , 37 So.2d 633 . 1983Thornton v. City of Birmingham , 250 Ala. 651 , 35 So.2d 545 (18); Birmingham Electric Co. v. Howard , 250 Ala. 421 , 34 So.2d 830 (6)." 251 Ala. at 466 -467 , 37 So.2d 633 .	3	1948–1983
Montgomery City Lines, Inc. v. Scott green ala · 1946 2 sentences 1964As said in Montgomery City Lines v. Scott, 248 Ala. 27, 31 , 26 So.2d 200, 202 , where the appeal also was from a judgment granting plaintiff a new trial based on the giving of a charge requested by the defendant, viz.: “Should we adopt the construction that, at most, the charge was merely misleading, a reversal would still be unwarranted in view of the favorable presumption attending the ruling of the trial court. 1964As said in Montgomery City Lines v. Scott, 248 Ala. 27, 31 , 26 So.2d 200, 202 , where the appeal also was from a judgment granting plaintiff a new trial based on the giving of a charge requested by the defendant, viz.: “Should we adopt the construction that, at most, the charge was merely misleading, a reversal would still be unwarranted in view of the favorable presumption attending the ruling of the trial court.	3	1964–1982
Carlisle v. Miller green ala · 1963 2 sentences 1981And only where the damages allowed are so excessive as to warrant the belief that the jury must have been misled by some mistaken view of the merits of the case should the court interfere and set the verdict aside . . .; also, where the trial court refuses to grant a new trial because he does not believe the verdict is excessive the favorable presumption attending the jury's verdict is thereby strengthened 275 Ala. at 444 , 155 So.2d 689 By this standard, we cannot say that under the circumstances of this case, the verdict was so excessive as to warrant its being set aside The judgment is affi 1981And only where the damages allowed are so excessive as to warrant the belief that the jury must have been misled by some mistaken view of the merits of the case should the court interfere and set the verdict aside . . .; also, where the trial court refuses to grant a new trial because he does not believe the verdict is excessive the favorable presumption attending the jury's verdict is thereby strengthened 275 Ala. at 444 , 155 So.2d 689 By this standard, we cannot say that under the circumstances of this case, the verdict was so excessive as to warrant its being set aside The judgment is affi	3	1976–1981
Vest v. Gay green ala · 1963 2 sentences 1971Co. v. Tucker, 262 Ala. 570 , 80 So.2d 288,298 . * * ” Furthermore, as this court stated in Vest v. Gay, 275 Ala. 286 , 154 So.2d 297 (1963): “ * * [W]here the trial court refuses to grant a new trial because he does not believe the verdict to be excessive, the favorable presumption attending the jury’s verdict is thereby strengthened. * * * ” Appellee in this suit claimed punitive, as well as compensatory damages, and the trial court charged the jury with regard to the conclusions they must reach in order to award punitive damages. 1971Co. v. Tucker, 262 Ala. 570 , 80 So.2d 288,298 . * * ” Furthermore, as this court stated in Vest v. Gay, 275 Ala. 286 , 154 So.2d 297 (1963): “ * * [W]here the trial court refuses to grant a new trial because he does not believe the verdict to be excessive, the favorable presumption attending the jury’s verdict is thereby strengthened. * * * ” Appellee in this suit claimed punitive, as well as compensatory damages, and the trial court charged the jury with regard to the conclusions they must reach in order to award punitive damages.	3	1965–1971
Smith v. State green alacrimapp · 1977 2 sentences 1980Smith v. State , Ala.Cr.App., 342 So.2d 422 (1977); Barker v. State , 55 Ala. App. 322 , 315 So.2d 129 , cert. denied, 294 Ala. 752 , 315 So.2d 130 (1975); Davis v. State , 33 Ala. App. 299 , 34 So.2d 15 , cert. denied, 250 Ala. 240 , 34 So.2d 17 (1948); Skinner v. State , 22 Ala. App. 457 , 116 So. 806 (1928). 1979Skinner v. State, 22 Ala.App. 457 , 116 So. 806 (1928); Davis v. State, 33 Ala. App. 299 , 34 So.2d 15 , cert. denied, 250 Ala. 240 , 34 So.2d 17 (1948); Barker v. State, 55 Ala.App. 322 , 315 So.2d 129 , cert. denied, 294 Ala. 752 , 315 So.2d 130 (1975); Smith v. State, Ala.Cr.App., 342 So.2d 422 (1977).	2	1979–1980
Barker v. State neutral alacrimapp · 1975 2 sentences 1980Smith v. State , Ala.Cr.App., 342 So.2d 422 (1977); Barker v. State , 55 Ala. App. 322 , 315 So.2d 129 , cert. denied, 294 Ala. 752 , 315 So.2d 130 (1975); Davis v. State , 33 Ala. App. 299 , 34 So.2d 15 , cert. denied, 250 Ala. 240 , 34 So.2d 17 (1948); Skinner v. State , 22 Ala. App. 457 , 116 So. 806 (1928). 1979Skinner v. State, 22 Ala.App. 457 , 116 So. 806 (1928); Davis v. State, 33 Ala. App. 299 , 34 So.2d 15 , cert. denied, 250 Ala. 240 , 34 So.2d 17 (1948); Barker v. State, 55 Ala.App. 322 , 315 So.2d 129 , cert. denied, 294 Ala. 752 , 315 So.2d 130 (1975); Smith v. State, Ala.Cr.App., 342 So.2d 422 (1977).	2	1979–1980
Barker v. State neutral ala · 1975 2 sentences 1980Smith v. State , Ala.Cr.App., 342 So.2d 422 (1977); Barker v. State , 55 Ala. App. 322 , 315 So.2d 129 , cert. denied, 294 Ala. 752 , 315 So.2d 130 (1975); Davis v. State , 33 Ala. App. 299 , 34 So.2d 15 , cert. denied, 250 Ala. 240 , 34 So.2d 17 (1948); Skinner v. State , 22 Ala. App. 457 , 116 So. 806 (1928). 1980Smith v. State , Ala.Cr.App., 342 So.2d 422 (1977); Barker v. State , 55 Ala. App. 322 , 315 So.2d 129 , cert. denied, 294 Ala. 752 , 315 So.2d 130 (1975); Davis v. State , 33 Ala. App. 299 , 34 So.2d 15 , cert. denied, 250 Ala. 240 , 34 So.2d 17 (1948); Skinner v. State , 22 Ala. App. 457 , 116 So. 806 (1928).	2	1979–1980
Wilson v. State neutral alacrimapp · 1975 2 sentences 1980Smith v. State , Ala.Cr.App., 342 So.2d 422 (1977); Barker v. State , 55 Ala. App. 322 , 315 So.2d 129 , cert. denied, 294 Ala. 752 , 315 So.2d 130 (1975); Davis v. State , 33 Ala. App. 299 , 34 So.2d 15 , cert. denied, 250 Ala. 240 , 34 So.2d 17 (1948); Skinner v. State , 22 Ala. App. 457 , 116 So. 806 (1928). 1979Skinner v. State, 22 Ala.App. 457 , 116 So. 806 (1928); Davis v. State, 33 Ala. App. 299 , 34 So.2d 15 , cert. denied, 250 Ala. 240 , 34 So.2d 17 (1948); Barker v. State, 55 Ala.App. 322 , 315 So.2d 129 , cert. denied, 294 Ala. 752 , 315 So.2d 130 (1975); Smith v. State, Ala.Cr.App., 342 So.2d 422 (1977).	2	1979–1980
Skinner v. State neutral alactapp · 1928 2 sentences 1980Smith v. State , Ala.Cr.App., 342 So.2d 422 (1977); Barker v. State , 55 Ala. App. 322 , 315 So.2d 129 , cert. denied, 294 Ala. 752 , 315 So.2d 130 (1975); Davis v. State , 33 Ala. App. 299 , 34 So.2d 15 , cert. denied, 250 Ala. 240 , 34 So.2d 17 (1948); Skinner v. State , 22 Ala. App. 457 , 116 So. 806 (1928). 1980Smith v. State , Ala.Cr.App., 342 So.2d 422 (1977); Barker v. State , 55 Ala. App. 322 , 315 So.2d 129 , cert. denied, 294 Ala. 752 , 315 So.2d 130 (1975); Davis v. State , 33 Ala. App. 299 , 34 So.2d 15 , cert. denied, 250 Ala. 240 , 34 So.2d 17 (1948); Skinner v. State , 22 Ala. App. 457 , 116 So. 806 (1928).	2	1979–1980
Davis v. State green ala · 1948 2 sentences 1980Smith v. State , Ala.Cr.App., 342 So.2d 422 (1977); Barker v. State , 55 Ala. App. 322 , 315 So.2d 129 , cert. denied, 294 Ala. 752 , 315 So.2d 130 (1975); Davis v. State , 33 Ala. App. 299 , 34 So.2d 15 , cert. denied, 250 Ala. 240 , 34 So.2d 17 (1948); Skinner v. State , 22 Ala. App. 457 , 116 So. 806 (1928). 1980Smith v. State , Ala.Cr.App., 342 So.2d 422 (1977); Barker v. State , 55 Ala. App. 322 , 315 So.2d 129 , cert. denied, 294 Ala. 752 , 315 So.2d 130 (1975); Davis v. State , 33 Ala. App. 299 , 34 So.2d 15 , cert. denied, 250 Ala. 240 , 34 So.2d 17 (1948); Skinner v. State , 22 Ala. App. 457 , 116 So. 806 (1928).	2	1979–1980
Davis v. State neutral alactapp · 1947 2 sentences 1980Smith v. State , Ala.Cr.App., 342 So.2d 422 (1977); Barker v. State , 55 Ala. App. 322 , 315 So.2d 129 , cert. denied, 294 Ala. 752 , 315 So.2d 130 (1975); Davis v. State , 33 Ala. App. 299 , 34 So.2d 15 , cert. denied, 250 Ala. 240 , 34 So.2d 17 (1948); Skinner v. State , 22 Ala. App. 457 , 116 So. 806 (1928). 1980Smith v. State , Ala.Cr.App., 342 So.2d 422 (1977); Barker v. State , 55 Ala. App. 322 , 315 So.2d 129 , cert. denied, 294 Ala. 752 , 315 So.2d 130 (1975); Davis v. State , 33 Ala. App. 299 , 34 So.2d 15 , cert. denied, 250 Ala. 240 , 34 So.2d 17 (1948); Skinner v. State , 22 Ala. App. 457 , 116 So. 806 (1928).	2	1979–1980
Body v. Body green alacivapp · 1971 2 sentences 1977Where the trial judge sitting without a jury has heard the evidence ore tenus, as here, the findings are entitled to a favorable presumption, and should be set aside only where plainly and palpably erroneous, Body v. Body , 47 Ala. App. 443 , 256 So.2d 184 ." In Hamaker v. Hamaker , 57 Ala. App. 333 , 338 , 328 So.2d 588 -592 (1975), cert. den. 295 Ala. 404 , 328 So.2d 594 (1976), we said: "The factors to be considered in determining the property settlement include the earning capacity and future prospects of the parties, their ages, sex, health and station in life, how long they were married, 1977Where the trial judge sitting without a jury has heard the evidence ore tenus, as here, the findings are entitled to a favorable presumption, and should be set aside only where plainly and palpably erroneous, Body v. Body , 47 Ala. App. 443 , 256 So.2d 184 ." In Hamaker v. Hamaker , 57 Ala. App. 333 , 338 , 328 So.2d 588 -592 (1975), cert. den. 295 Ala. 404 , 328 So.2d 594 (1976), we said: "The factors to be considered in determining the property settlement include the earning capacity and future prospects of the parties, their ages, sex, health and station in life, how long they were married,	2	1976–1977
Liberty National Life Insurance Company v. Weldon green ala · 1957 2 sentences 1973Co. v. Weldon [ante, 1957, 267 Ala. p. 171] 100 So.2d 696, 713 .’ “It has been written so many times as to be axiomatic that where the trial court refuses to grant a new trial because he does not consider the verdict excessive, the favorable presumption attending the jury’s verdict is thereby strengthened.” It is thus that we affirm the judgment of the trial court. 1973Co. v. Weldon [ante, 1957, 267 Ala. p. 171] 100 So.2d 696,713 .” It has been written so many times as to be axiomatic that where the trial court refuses to grant a new trial because he does not consider the verdict excessive, the favorable presumption attending the jury’s verdict is thereby strengthened.	2	1973–1973
McEntyre v. First Nat. Bank of Headland green alactapp · 1937 2 sentences 1973Further, when the presiding judge refuses to grant a new trial because of the amount recovered, a favorable presumption, attending the correctness of the verdict, is thereby strengthened, State v. Farabee, 268 Ala. 437 , 108 So.2d 148 , Birmingham Electric Co. v. Howard, 250 Ala. 421 , 423, 34 So.2d 830 , and see McEntyre v. First National Bank of Headland, 27 Ala.App. 311 , 171 So. 913 , and, on review, we will not overturn the verdict of the jury or reverse the ruling of the trial court for refusing the new trial unless it clearly appears that the verdict was the result of inadvertence or in 1973Further, when the presiding judge refuses to grant a new trial because of the amount recovered, a favorable presumption, attending the correctness of the verdict, is thereby strengthened, State v. Farabee, 268 Ala. 437 , 108 So.2d 148 , Birmingham Electric Co. v. Howard, 250 Ala. 421 , 423, 34 So.2d 830 , and see McEntyre v. First National Bank of Headland, 27 Ala.App. 311 , 171 So. 913 , and, on review, we will not overturn the verdict of the jury or reverse the ruling of the trial court for refusing the new trial unless it clearly appears that the verdict was the result of inadvertence or in	2	1948–1973
Turner v. Turner green ala · 1948 2 sentences 1970Henderson v. Henderson, 228 Ala. 438 , 153 So. 646 ; Turner v. Turner, 251 Ala. 295 , 37 So.2d 186 . 1970Henderson v. Henderson, 228 Ala. 438 , 153 So. 646 ; Turner v. Turner, 251 Ala. 295 , 37 So.2d 186 .	2	1962–1970
Cole v. Cole neutral alacivapp · 1983 2 sentences 2011Cole v. Cole, 442 So.2d 120 (Ala.Civ.App.1983). “ ‘It is also well established that in an initial custody determination, the parties stand on equal footing, without a favorable presumption for either party. 2011Cole v. Cole, 442 So.2d 120 (Ala.Civ.App.1983). "`It is also well established that in an initial custody determination, the parties stand on equal footing, without a favorable presumption for either party.	1	2011–2011
Hall v. Hall green alacivapp · 1990 1 sentence 1993Hall, supra. This court presumes that the trial court correctly applied its discretionary authority in determining the best interests of the child, and if the decree is supported by credible evidence, our duty is to affirm.	1	1993–1993
C.D.H. v. State Dept. of Human Resources green alacivapp · 1990	1	1992–1992
Whitfield v. Whitfield green alacivapp · 1990	1	1992–1992
Crum v. McGhee green ala · 1972	1	1986–1986
Aspinwall v. Gowens green ala · 1981	1	1984–1984
Coffelt v. Coffelt green alacivapp · 1980	1	1984–1984
MacK v. MacK neutral alacivapp · 1981	1	1984–1984
Rothchild v. Rothchild neutral alacivapp · 1983	1	1984–1984
Trahan v. Cook green ala · 1972	1	1983–1983
Brett v. Zodiac Industries, Inc. neutral alacivapp · 1982	1	1982–1982
Jackson v. Waller neutral alacivapp · 1982	1	1982–1982
Snellings v. Snellings green ala · 1961	1	1980–1980
Pappas v. Alabama Power Company green ala · 1960	1	1977–1977
Palmer v. Thomas Jefferson Hotel, Inc. neutral alacivapp · 1974	1	1977–1977
Hamaker v. Hamaker green alacivapp · 1975	1	1977–1977
Hamaker v. Hamaker green ala · 1976	1	1977–1977
Tyler v. Tyler neutral alacivapp · 1974	1	1977–1977
Johnson v. Godin neutral ala · 1966	1	1974–1974

Statutes the citing opinions construe

AL § Ala. Code § 12-18-10 (8)

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 78 (1942–2011) MA 55 (1984–2026) CA 22 (1902–2025) IL 15 (1915–2013) WA 14 (1984–2026) SC 13 (2010–2025) NY 10 (1917–2017) OK 8 (1918–2016) TX 7 (1902–2012) OH 7 (1929–2026) WI 6 (1888–2024) MN 6 (1941–2024) CT 5 (1980–2026) TN 5 (1981–2004) NV 5 (2013–2018) OR 5 (1937–1966) NJ 5 (1959–2011) VA 4 (1996–2009) FL 4 (1992–2018) AZ 4 (2011–2016) MO 4 (1908–2006) LA 3 (1932–1982) MI 3 (1970–1977) MT 3 (1898–1935) NH 3 (1988–2008) DC 2 (2020–2020) ND 2 (1997–1997) DE 2 (2018–2025) MD 2 (1970–1987) WY 2 (1940–2019) AR 2 (1879–1922)

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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