facts constituting violation in Alabama

10 Alabama opinions name it 3 courts 1919–1998 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 (1)

Case	Followed	Cited
Young v. City of Attallagreen alactapp · 1932 · cited in 2 Alabama opinions naming this issue, 1959–1972 2 sentences 1972In Young v. City of Attalla, 25 Ala.App. 255 , 144 So. 128 , after referring to the leading case of Rosenberg v. City of Selma, 168 Ala. 195 , 52 So. 742 , Bricken, P. J., went on to explain: “The foregoing authorities, and numerous others of like import, exp' ,ssly hold it is essential in a complaint of this character to aver, not only the facts constituting the violation of the ordinance in question, but in the complaint there must be set out the provisions or substance thereof and it must be averred that the ordinance zms duly adopted and or dained prior to the commission of the offense, by 1972In Young v. City of Attalla, 25 Ala.App. 255 , 144 So. 128 , after referring to the leading case of Rosenberg v. City of Selma, 168 Ala. 195 , 52 So. 742 , Bricken, P. J., went on to explain: “The foregoing authorities, and numerous others of like import, exp' ,ssly hold it is essential in a complaint of this character to aver, not only the facts constituting the violation of the ordinance in question, but in the complaint there must be set out the provisions or substance thereof and it must be averred that the ordinance zms duly adopted and or dained prior to the commission of the offense, by	1	2

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 (16)

Case	Cited	Years
Rosenberg v. City of Selma neutral ala · 1910 2 sentences 1981Rosenburg v. City of Selma , 168 Ala. [195], 198, 52 So. 742 ; Benjamin v. City of Montgomery , [ 16 Ala. App. 389 ] 78 So. 167 ; Case v. City of Mobile [ 30 Ala. 538 ] supra; Eberlin v. Mayor of Mobile , 30 Ala. [548], 550; Goldthwaite v. City Council of Montgomery , 50 Ala. [486], 487; Tomlin v. City of Birmingham , 109 Ala. [243], 245, 19 So. 521 ." In the case of Town of Lineville v. Gauntt , 20 Ala. App. 135 , 136 , 101 So. 154 , 155 , it was stated: "A complaint for violation of a municipal ordinance must show, not only the facts constituting the violation of the ordinance but must aver 1975Rosenburg v. City of Selma, 168 Ala. 195 , 52 So. 742 ; Benjamin v. City of Montgomery [ 16 Ala.App. 389 ], 78 So. 167 ; Case v. City of Mobile [ 30 Ala. 538 ] supra; Eberlin v. Mayor of Mobile, 30 Ala. 548 ; Goldthwaite v. City Council of Montgomery, 50 Ala. 486 ; Tomlin v. City of Birmingham, 109 Ala. 243 ; 19 So. 521 .” In the Town of Lineville v. Gauntt, 20 Ala.App. 135 , 101 So. 154 , the Court said: “A complaint for violation of a municipal ordinance must show, not only the facts constituting the violation of the ordinance, but must aver the substance of the ordinance, its authoritative	5	1919–1981
Case v. Mayor of Mobile green · 1857 2 sentences 1981Rosenburg v. City of Selma , 168 Ala. [195], 198, 52 So. 742 ; Benjamin v. City of Montgomery , [ 16 Ala. App. 389 ] 78 So. 167 ; Case v. City of Mobile [ 30 Ala. 538 ] supra; Eberlin v. Mayor of Mobile , 30 Ala. [548], 550; Goldthwaite v. City Council of Montgomery , 50 Ala. [486], 487; Tomlin v. City of Birmingham , 109 Ala. [243], 245, 19 So. 521 ." In the case of Town of Lineville v. Gauntt , 20 Ala. App. 135 , 136 , 101 So. 154 , 155 , it was stated: "A complaint for violation of a municipal ordinance must show, not only the facts constituting the violation of the ordinance but must aver 1975Rosenburg v. City of Selma, 168 Ala. 195 , 52 So. 742 ; Benjamin v. City of Montgomery [ 16 Ala.App. 389 ], 78 So. 167 ; Case v. City of Mobile [ 30 Ala. 538 ] supra; Eberlin v. Mayor of Mobile, 30 Ala. 548 ; Goldthwaite v. City Council of Montgomery, 50 Ala. 486 ; Tomlin v. City of Birmingham, 109 Ala. 243 ; 19 So. 521 .” In the Town of Lineville v. Gauntt, 20 Ala.App. 135 , 101 So. 154 , the Court said: “A complaint for violation of a municipal ordinance must show, not only the facts constituting the violation of the ordinance, but must aver the substance of the ordinance, its authoritative	3	1924–1981
Miles v. City of Montgomery neutral alactapp · 1919 2 sentences 1981The complaint only generally refers to the ordinance by the words: ". . . contrary to the provisions of a valid ordinance of the City of Prattville, duly adopted and ordained by the City Council of said city. . . ." In Miles v. City of Montgomery , 17 Ala. App. 15 , 81 So. 351 , the late Justice Brown, then Presiding Judge of the Court of Appeals, said: "And it is well settled, unless by statute so required, courts do not take judicial notice of the ordinances and by-laws of municipal corporations. * * * * * * "Hence it is essential to the statement of a cause of action in cases of this charac 1981The complaint only generally refers to the ordinance by the words: ". . . contrary to the provisions of a valid ordinance of the City of Prattville, duly adopted and ordained by the City Council of said city. . . ." In Miles v. City of Montgomery , 17 Ala. App. 15 , 81 So. 351 , the late Justice Brown, then Presiding Judge of the Court of Appeals, said: "And it is well settled, unless by statute so required, courts do not take judicial notice of the ordinances and by-laws of municipal corporations. * * * * * * "Hence it is essential to the statement of a cause of action in cases of this charac	3	1959–1981
Benjamin v. City of Montgomery neutral alactapp · 1918 2 sentences 1981Rosenburg v. City of Selma , 168 Ala. [195], 198, 52 So. 742 ; Benjamin v. City of Montgomery , [ 16 Ala. App. 389 ] 78 So. 167 ; Case v. City of Mobile [ 30 Ala. 538 ] supra; Eberlin v. Mayor of Mobile , 30 Ala. [548], 550; Goldthwaite v. City Council of Montgomery , 50 Ala. [486], 487; Tomlin v. City of Birmingham , 109 Ala. [243], 245, 19 So. 521 ." In the case of Town of Lineville v. Gauntt , 20 Ala. App. 135 , 136 , 101 So. 154 , 155 , it was stated: "A complaint for violation of a municipal ordinance must show, not only the facts constituting the violation of the ordinance but must aver 1975Rosenburg v. City of Selma, 168 Ala. 195 , 52 So. 742 ; Benjamin v. City of Montgomery [ 16 Ala.App. 389 ], 78 So. 167 ; Case v. City of Mobile [ 30 Ala. 538 ] supra; Eberlin v. Mayor of Mobile, 30 Ala. 548 ; Goldthwaite v. City Council of Montgomery, 50 Ala. 486 ; Tomlin v. City of Birmingham, 109 Ala. 243 ; 19 So. 521 .” In the Town of Lineville v. Gauntt, 20 Ala.App. 135 , 101 So. 154 , the Court said: “A complaint for violation of a municipal ordinance must show, not only the facts constituting the violation of the ordinance, but must aver the substance of the ordinance, its authoritative	3	1919–1981
Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilbertson red scotus · 1991 2 sentences 1998The legislative action reviewed in Plaut was Congress’s response to Lampf, Plena, Lipkind, Prwpis & Petigrow v. Gilbertson, 501 U.S. 350 , 111 S.Ct. 2773 , 115 L.Ed.2d 321 (1991), in which the Supreme Court decided, for the first time, that the limitations period applicable to private actions alleging violations of § 10(b) and Rule 10b-5 was “one year after the discovery of the facts constituting the violation and ... three years after such violation.” 514 U.S. at 213 , 115 S.Ct. 1447 . 1998The legislative action reviewed in Plaut was Congress’s response to Lampf, Plena, Lipkind, Prwpis & Petigrow v. Gilbertson, 501 U.S. 350 , 111 S.Ct. 2773 , 115 L.Ed.2d 321 (1991), in which the Supreme Court decided, for the first time, that the limitations period applicable to private actions alleging violations of § 10(b) and Rule 10b-5 was “one year after the discovery of the facts constituting the violation and ... three years after such violation.” 514 U.S. at 213 , 115 S.Ct. 1447 .	2	1998–1998
Plaut v. Spendthrift Farm, Inc. green scotus · 1995 2 sentences 1998The legislative action reviewed in Plaut was Congress’s response to Lampf, Plena, Lipkind, Prwpis & Petigrow v. Gilbertson, 501 U.S. 350 , 111 S.Ct. 2773 , 115 L.Ed.2d 321 (1991), in which the Supreme Court decided, for the first time, that the limitations period applicable to private actions alleging violations of § 10(b) and Rule 10b-5 was “one year after the discovery of the facts constituting the violation and ... three years after such violation.” 514 U.S. at 213 , 115 S.Ct. 1447 . 1998The legislative action reviewed in Plaut was Congress’s response to Lampf, Plena, Lipkind, Prwpis & Petigrow v. Gilbertson, 501 U.S. 350 , 111 S.Ct. 2773 , 115 L.Ed.2d 321 (1991), in which the Supreme Court decided, for the first time, that the limitations period applicable to private actions alleging violations of § 10(b) and Rule 10b-5 was “one year after the discovery of the facts constituting the violation and ... three years after such violation.” 514 U.S. at 213 , 115 S.Ct. 1447 .	2	1998–1998
Metcalf v. State neutral alactapp · 1918 2 sentences 1981Rosenburg v. City of Selma , 168 Ala. [195], 198, 52 So. 742 ; Benjamin v. City of Montgomery , [ 16 Ala. App. 389 ] 78 So. 167 ; Case v. City of Mobile [ 30 Ala. 538 ] supra; Eberlin v. Mayor of Mobile , 30 Ala. [548], 550; Goldthwaite v. City Council of Montgomery , 50 Ala. [486], 487; Tomlin v. City of Birmingham , 109 Ala. [243], 245, 19 So. 521 ." In the case of Town of Lineville v. Gauntt , 20 Ala. App. 135 , 136 , 101 So. 154 , 155 , it was stated: "A complaint for violation of a municipal ordinance must show, not only the facts constituting the violation of the ordinance but must aver 1975Rosenburg v. City of Selma, 168 Ala. 195 , 52 So. 742 ; Benjamin v. City of Montgomery [ 16 Ala.App. 389 ], 78 So. 167 ; Case v. City of Mobile [ 30 Ala. 538 ] supra; Eberlin v. Mayor of Mobile, 30 Ala. 548 ; Goldthwaite v. City Council of Montgomery, 50 Ala. 486 ; Tomlin v. City of Birmingham, 109 Ala. 243 ; 19 So. 521 .” In the Town of Lineville v. Gauntt, 20 Ala.App. 135 , 101 So. 154 , the Court said: “A complaint for violation of a municipal ordinance must show, not only the facts constituting the violation of the ordinance, but must aver the substance of the ordinance, its authoritative	2	1975–1981
Town of Lineville v. Gauntt neutral alactapp · 1924 2 sentences 1981Rosenburg v. City of Selma , 168 Ala. [195], 198, 52 So. 742 ; Benjamin v. City of Montgomery , [ 16 Ala. App. 389 ] 78 So. 167 ; Case v. City of Mobile [ 30 Ala. 538 ] supra; Eberlin v. Mayor of Mobile , 30 Ala. [548], 550; Goldthwaite v. City Council of Montgomery , 50 Ala. [486], 487; Tomlin v. City of Birmingham , 109 Ala. [243], 245, 19 So. 521 ." In the case of Town of Lineville v. Gauntt , 20 Ala. App. 135 , 136 , 101 So. 154 , 155 , it was stated: "A complaint for violation of a municipal ordinance must show, not only the facts constituting the violation of the ordinance but must aver 1981Rosenburg v. City of Selma , 168 Ala. [195], 198, 52 So. 742 ; Benjamin v. City of Montgomery , [ 16 Ala. App. 389 ] 78 So. 167 ; Case v. City of Mobile [ 30 Ala. 538 ] supra; Eberlin v. Mayor of Mobile , 30 Ala. [548], 550; Goldthwaite v. City Council of Montgomery , 50 Ala. [486], 487; Tomlin v. City of Birmingham , 109 Ala. [243], 245, 19 So. 521 ." In the case of Town of Lineville v. Gauntt , 20 Ala. App. 135 , 136 , 101 So. 154 , 155 , it was stated: "A complaint for violation of a municipal ordinance must show, not only the facts constituting the violation of the ordinance but must aver	2	1975–1981
Kimbrell v. City of Bessemer green ala · 1980 1 sentence 1985Kimbrell v. City of Bessemer, 380 So.2d 838 (Ala.1980).	1	1985–1985
Eberlin v. Mayor of Mobile neutral ala · 1857 2 sentences 1975Rosenburg v. City of Selma, 168 Ala. 195 , 52 So. 742 ; Benjamin v. City of Montgomery [ 16 Ala.App. 389 ], 78 So. 167 ; Case v. City of Mobile [ 30 Ala. 538 ] supra; Eberlin v. Mayor of Mobile, 30 Ala. 548 ; Goldthwaite v. City Council of Montgomery, 50 Ala. 486 ; Tomlin v. City of Birmingham, 109 Ala. 243 ; 19 So. 521 .” In the Town of Lineville v. Gauntt, 20 Ala.App. 135 , 101 So. 154 , the Court said: “A complaint for violation of a municipal ordinance must show, not only the facts constituting the violation of the ordinance, but must aver the substance of the ordinance, its authoritative 1975Rosenburg v. City of Selma, 168 Ala. 195 , 52 So. 742 ; Benjamin v. City of Montgomery [ 16 Ala.App. 389 ], 78 So. 167 ; Case v. City of Mobile [ 30 Ala. 538 ] supra; Eberlin v. Mayor of Mobile, 30 Ala. 548 ; Goldthwaite v. City Council of Montgomery, 50 Ala. 486 ; Tomlin v. City of Birmingham, 109 Ala. 243 ; 19 So. 521 .” In the Town of Lineville v. Gauntt, 20 Ala.App. 135 , 101 So. 154 , the Court said: “A complaint for violation of a municipal ordinance must show, not only the facts constituting the violation of the ordinance, but must aver the substance of the ordinance, its authoritative	1	1975–1975
Goldthwaite v. City Council neutral ala · 1874 2 sentences 1975Rosenburg v. City of Selma, 168 Ala. 195 , 52 So. 742 ; Benjamin v. City of Montgomery [ 16 Ala.App. 389 ], 78 So. 167 ; Case v. City of Mobile [ 30 Ala. 538 ] supra; Eberlin v. Mayor of Mobile, 30 Ala. 548 ; Goldthwaite v. City Council of Montgomery, 50 Ala. 486 ; Tomlin v. City of Birmingham, 109 Ala. 243 ; 19 So. 521 .” In the Town of Lineville v. Gauntt, 20 Ala.App. 135 , 101 So. 154 , the Court said: “A complaint for violation of a municipal ordinance must show, not only the facts constituting the violation of the ordinance, but must aver the substance of the ordinance, its authoritative 1975Rosenburg v. City of Selma, 168 Ala. 195 , 52 So. 742 ; Benjamin v. City of Montgomery [ 16 Ala.App. 389 ], 78 So. 167 ; Case v. City of Mobile [ 30 Ala. 538 ] supra; Eberlin v. Mayor of Mobile, 30 Ala. 548 ; Goldthwaite v. City Council of Montgomery, 50 Ala. 486 ; Tomlin v. City of Birmingham, 109 Ala. 243 ; 19 So. 521 .” In the Town of Lineville v. Gauntt, 20 Ala.App. 135 , 101 So. 154 , the Court said: “A complaint for violation of a municipal ordinance must show, not only the facts constituting the violation of the ordinance, but must aver the substance of the ordinance, its authoritative	1	1975–1975
Tomlin v. Mayor of Birmingham neutral · 1895 2 sentences 1975Rosenburg v. City of Selma, 168 Ala. 195 , 52 So. 742 ; Benjamin v. City of Montgomery [ 16 Ala.App. 389 ], 78 So. 167 ; Case v. City of Mobile [ 30 Ala. 538 ] supra; Eberlin v. Mayor of Mobile, 30 Ala. 548 ; Goldthwaite v. City Council of Montgomery, 50 Ala. 486 ; Tomlin v. City of Birmingham, 109 Ala. 243 ; 19 So. 521 .” In the Town of Lineville v. Gauntt, 20 Ala.App. 135 , 101 So. 154 , the Court said: “A complaint for violation of a municipal ordinance must show, not only the facts constituting the violation of the ordinance, but must aver the substance of the ordinance, its authoritative 1975Rosenburg v. City of Selma, 168 Ala. 195 , 52 So. 742 ; Benjamin v. City of Montgomery [ 16 Ala.App. 389 ], 78 So. 167 ; Case v. City of Mobile [ 30 Ala. 538 ] supra; Eberlin v. Mayor of Mobile, 30 Ala. 548 ; Goldthwaite v. City Council of Montgomery, 50 Ala. 486 ; Tomlin v. City of Birmingham, 109 Ala. 243 ; 19 So. 521 .” In the Town of Lineville v. Gauntt, 20 Ala.App. 135 , 101 So. 154 , the Court said: “A complaint for violation of a municipal ordinance must show, not only the facts constituting the violation of the ordinance, but must aver the substance of the ordinance, its authoritative	1	1975–1975
Rose v. City of Andalusia green ala · 1947 2 sentences 1959See also Young v. Attala, 25 Ala.App. 255 , 144 So. 128 ; Rose v. City of Andalusia, 249 Ala. 333 , 31 So.2d 66 ; McQuillin, Municipal Corporations (3rd Ed.), §§ 22.20, 22.21, §§ 24.98, et seq. 1 The statute of limitations having run, the defendant would be due his discharge. 1959See also Young v. Attala, 25 Ala.App. 255 , 144 So. 128 ; Rose v. City of Andalusia, 249 Ala. 333 , 31 So.2d 66 ; McQuillin, Municipal Corporations (3rd Ed.), §§ 22.20, 22.21, §§ 24.98, et seq. 1 The statute of limitations having run, the defendant would be due his discharge.	1	1959–1959
Burnett Bean v. Miller green ala · 1921 2 sentences 1933Such a plea must in ordinary actions contain averments with the certainty required of a complaint on the same cause of action, Burnett & Bean v. Miller, 205 Ala. 606 , 88 So. 871 ; Lysle Milling Co. v. North Ala. Gro. 1933Such a plea must in ordinary actions contain averments with the certainty required of a complaint on the same cause of action, Burnett & Bean v. Miller, 205 Ala. 606 , 88 So. 871 ; Lysle Milling Co. v. North Ala. Gro.	1	1933–1933
Moore v. State neutral · 1857 1 sentence 1919Rosenburg v. City of Selma, 168 Ala. 198 , 52 South. 742 ; Benjamin v. City of Montgomery, 78 South. 167 ; 1 Case v. City of Mobile, supra; Eberlin v. Mayor of Mobile, 30 Ala. 550 ; Goldthwaite v. City Council of Montgomery, 50 Ala. 487 ; Tomlin v. City of Birmingham, 109 Ala. 245 , 19 South. 521 .	1	1919–1919
George v. Mobile & Ohio Railroad neutral ala · 1895 1 sentence 1919Rosenburg v. City of Selma, 168 Ala. 198 , 52 South. 742 ; Benjamin v. City of Montgomery, 78 South. 167 ; 1 Case v. City of Mobile, supra; Eberlin v. Mayor of Mobile, 30 Ala. 550 ; Goldthwaite v. City Council of Montgomery, 50 Ala. 487 ; Tomlin v. City of Birmingham, 109 Ala. 245 , 19 South. 521 .	1	1919–1919

Where else courts name it

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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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