authorities error in Alabama

1970Lamb v. State. 91 Fla. 396 , 107 So. 535 ; Asbell v. State, 62 Kan. 209 , 61 P. 690 ; Howard v. State, 58 Ark. 229 , 24 S.W. 8 .

1970Lamb v. State. 91 Fla. 396 , 107 So. 535 ; Asbell v. State, 62 Kan. 209 , 61 P. 690 ; Howard v. State, 58 Ark. 229 , 24 S.W. 8 .

1970Lamb v. State. 91 Fla. 396 , 107 So. 535 ; Asbell v. State, 62 Kan. 209 , 61 P. 690 ; Howard v. State, 58 Ark. 229 , 24 S.W. 8 .

1970Lamb v. State. 91 Fla. 396 , 107 So. 535 ; Asbell v. State, 62 Kan. 209 , 61 P. 690 ; Howard v. State, 58 Ark. 229 , 24 S.W. 8 .

1970Lamb v. State. 91 Fla. 396 , 107 So. 535 ; Asbell v. State, 62 Kan. 209 , 61 P. 690 ; Howard v. State, 58 Ark. 229 , 24 S.W. 8 .

1970Lamb v. State. 91 Fla. 396 , 107 So. 535 ; Asbell v. State, 62 Kan. 209 , 61 P. 690 ; Howard v. State, 58 Ark. 229 , 24 S.W. 8 .

1979While it is better practice for the court not to instruct on defendant's failure to testify, State v. Covington , 290 N.C. 313 , 226 S.E.2d 629 (1976), it is entirely proper to give the instruction upon defendant's request. . . ." We note no disagreement among the authorities with the principle that should the trial court, in the absence of a request of the defendant, charge the jury as to defendant's failure to testify, the charge should give defendant full benefit of the principle that no inference adverse to him should be drawn from his failure to testify.

1979While it is better practice for the court not to instruct on defendant's failure to testify, State v. Covington , 290 N.C. 313 , 226 S.E.2d 629 (1976), it is entirely proper to give the instruction upon defendant's request. . . ." We note no disagreement among the authorities with the principle that should the trial court, in the absence of a request of the defendant, charge the jury as to defendant's failure to testify, the charge should give defendant full benefit of the principle that no inference adverse to him should be drawn from his failure to testify.

1930It would appear from the authorities that there was error in not sustaining demurrer to count 5, and like counts, on the authority of and in the language of Burnett v. Ala. Power Co., 199 Ala. 360 , 74 So. 459, 467 , as it “shows authority” for construction done and does not “charge that the water was negligently backed so as to submerge” plaintiff’s lands and obstruct his drainage system.

1930There is analogy to be found in Aycock v. City of Decatur, 219 Ala. 486 , 122 So. 664, 667 , saying: “The i>urpos.e of the pleader in framing count 5 was to state a cause of action without alleging negligence.

1930There is analogy to be found in Aycock v. City of Decatur, 219 Ala. 486 , 122 So. 664, 667 , saying: “The i>urpos.e of the pleader in framing count 5 was to state a cause of action without alleging negligence.

1928Judge Story, Bailments (8th Ed.) § 40, deduces from the authorities the rule which appellant ■would apply in this case: “If the mixture is undistinguishable, and a new ingredient is formed, not capable of a just ■appreciation and division, according to tlie ■original rights of each, then the party who occasions the wrongful mixture must bear the whole loss.” Nothing to the contrary of apy of these authorities was said in Dickens v. Dickens, 174 Ala. 345 , 56 So. 806 , to which appellant refers.

1928Judge Story, Bailments (8th Ed.) § 40, deduces from the authorities the rule which appellant ■would apply in this case: “If the mixture is undistinguishable, and a new ingredient is formed, not capable of a just ■appreciation and division, according to tlie ■original rights of each, then the party who occasions the wrongful mixture must bear the whole loss.” Nothing to the contrary of apy of these authorities was said in Dickens v. Dickens, 174 Ala. 345 , 56 So. 806 , to which appellant refers.

1928So of Lehman, Durr & Co. v. Kelly, 68 Ala. 192 , and Leader v. Romano, 208 Ala. 635 , 95 So. 7 .

1928So of Lehman, Durr & Co. v. Kelly, 68 Ala. 192 , and Leader v. Romano, 208 Ala. 635 , 95 So. 7 .

1928So of Lehman, Durr & Co. v. Kelly, 68 Ala. 192 , and Leader v. Romano, 208 Ala. 635 , 95 So. 7 .

1918The “moreover clause” of Mitchell v. Wright, 155 Ala.. 458, 46 South. 473 , seems to have been thrown in without consideration of the authorities on the principle involved.

1918Smith v. Sherman, 174 Ala. 531 , 56 South. 956 , was an action in which the court seems to have made a difference between the cases in which the vendor sues for the breach of a contract for the sale of land, and those in which the vendee sues.

1918Smith v. Sherman, 174 Ala. 531 , 56 South. 956 , was an action in which the court seems to have made a difference between the cases in which the vendor sues for the breach of a contract for the sale of land, and those in which the vendee sues.

1911In the case of Lienkauf & Strauss v. Morris, 66 Ala. 406 , the Supreme Court says on the question as to when, in the discretion of the jury, exemplary damages are properly allowable: “We deduce from the authorities the doctrine to be that exemplary damages are allowable, not only for acts maliciously perpetrated, but also in cases where one knoivingly, wantonly, and redo Icssly does an act fraught with probable injury to person or property, and ultimately producing such injury or damage.

1911Such a spirit must be considered as at Avar with that good faith Avhich ever preserves a just regard for the rights of others.” “Where there is no malice connected with the wrong complained of, or such gross .negligence or oppression .or fraud as amounts to malice, the compensation or amount of damages should be confined to the actual injury and its immediate effects.”— Wilkinson v. Searcy, 76 Ala. 176 .

1871It is said in some of the authorities that this presumption is not avoided without proof of an effort within the time to compel a settlement. -- Austin v. Jordan, 35 Ala. 642 ; Rhodes v. Turner, 21 Ala. 210 .

1871It is said in some of the authorities that this presumption is not avoided without proof of an effort within the time to compel a settlement. -- Austin v. Jordan, 35 Ala. 642 ; Rhodes v. Turner, 21 Ala. 210 .