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9 Alabama opinions name it 1 courts 1925–2007 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 |
|---|---|---|
Warwick Development Co., Inc. v. GV CORP.green2 sentences1993Later, however, this Court decided Warwick Development Co. v. GV Corp. , 469 So.2d 1270 , 1274 (Ala. 1985), in which we indicated that the defendant was liable for abuse of process, even though he had probable cause for initiating the process, because the "abuse of process rests on the wrongful use of the process after it has been issued." We further stated, in Warwick , that "[a]n abuse of process action 'presupposes an originally valid and regular process, duly and properly issued, and the validity of the process is not a defense to an action for its abuse.' " Id. at 1274 (quoting Rigsby , 4 1993Later, however, this Court decided Warwick Development Co. v. GV Corp. , 469 So.2d 1270 , 1274 (Ala. 1985), in which we indicated that the defendant was liable for abuse of process, even though he had probable cause for initiating the process, because the "abuse of process rests on the wrongful use of the process after it has been issued." We further stated, in Warwick , that "[a]n abuse of process action 'presupposes an originally valid and regular process, duly and properly issued, and the validity of the process is not a defense to an action for its abuse.' " Id. at 1274 (quoting Rigsby , 4 | 1 | 3 |
Farm Country Homes, Inc. v. Rigsbygreen2 sentences1993Later, however, this Court decided Warwick Development Co. v. GV Corp. , 469 So.2d 1270 , 1274 (Ala. 1985), in which we indicated that the defendant was liable for abuse of process, even though he had probable cause for initiating the process, because the "abuse of process rests on the wrongful use of the process after it has been issued." We further stated, in Warwick , that "[a]n abuse of process action 'presupposes an originally valid and regular process, duly and properly issued, and the validity of the process is not a defense to an action for its abuse.' " Id. at 1274 (quoting Rigsby , 4 1985An abuse of process action "presupposes an originally valid and regular process, duly and properly issued, and the validity of the process is no defense to an action for its abuse." Farm Country Homes, Inc. v. Rigsby, 404 So.2d 573, 576 (Ala.1981). | 1 | 2 |
Mid-America National Bank Of Chicago v. First Savings And Loan Association Of South Hollandgreen1 sentence2003The court concluded that "an analysis of the legislative history *244 and purpose indicates that the primary purpose behind the Flood Program was to diminish, by implementation of sound land use practices and flood insurance, the massive burden on the federal treasury of escalating federal disaster assistance." 737 F.2d at 642 (footnote omitted). | 1 | 1 |
Lankford v. Sullivan, Long & Hagertygreen1 sentence1988See Lankford , supra, at 1001-1003 . | 1 | 1 |
Board of Education v. Farmingdale Classroom Teachers Ass'ngreen2 sentences1985See also Board of Education v. Farmingdale Classroom Teacher Association, 38 N.Y.2d 397 , 380 N.Y.S.2d 635 , 343 N.E.2d 278 (1975), for a good discussion of the evolution of the tort. 1985See also Board of Education v. Farmingdale Classroom Teacher Association, 38 N.Y.2d 397 , 380 N.Y.S.2d 635 , 343 N.E.2d 278 (1975), for a good discussion of the evolution of the tort. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
National Labor Relations Board v. Catholic Bishop
green
2 sentences2007As the Supreme Court of the United States noted in holding that the National Labor Relations Board has no jurisdiction to oversee the labor relations between teachers and church-operated schools, “[i]t is not only the conclusions that may be reached by [the governmental authority] which may impinge on rights guaranteed by the Religion Clauses, but also the very process of inquiry leading to findings and conclusions.” NLRB v. Catholic Bishop of Chicago, 440 U.S. 490, 502 , 99 S.Ct. 1313 , 59 L.Ed.2d 533 (1979) (footnote omitted). 13 I respectfully dissent from this Court’s decision to allow the 2007As the Supreme Court of the United States noted in holding that the National Labor Relations Board has no jurisdiction to oversee the labor relations between teachers and church-operated schools, “[i]t is not only the conclusions that may be reached by [the governmental authority] which may impinge on rights guaranteed by the Religion Clauses, but also the very process of inquiry leading to findings and conclusions.” NLRB v. Catholic Bishop of Chicago, 440 U.S. 490, 502 , 99 S.Ct. 1313 , 59 L.Ed.2d 533 (1979) (footnote omitted). 13 I respectfully dissent from this Court’s decision to allow the | 1 | 2007–2007 |
Eidson v. Olin Corp.
green
1 sentence1993This Court resurrected Tarver in Higgins v. Wal-Mart Stores, Inc. , 512 So.2d 766 , 768 (Ala. 1987), and buried it again in Eidson v. Olin Corp. , 527 So.2d 1283 , 1287-88 (Ala. 1988), where we cited the plaintiff's lack of evidence of wrongful use of process, not the existence of probable cause for the process, as the ground for holding that he could not recover on an abuse of process claim. | 1 | 1993–1993 |
Higgins v. Wal-Mart Stores, Inc.
green
1 sentence1993This Court resurrected Tarver in Higgins v. Wal-Mart Stores, Inc. , 512 So.2d 766 , 768 (Ala. 1987), and buried it again in Eidson v. Olin Corp. , 527 So.2d 1283 , 1287-88 (Ala. 1988), where we cited the plaintiff's lack of evidence of wrongful use of process, not the existence of probable cause for the process, as the ground for holding that he could not recover on an abuse of process claim. | 1 | 1993–1993 |
Dickerson v. Schwabacher
green
2 sentences1981It is the malicious perversion of a regularly issued process to accomplish a purpose whereby a result not lawfully or properly obtainable under it is secured Duncan v. Kent , 370 So.2d 288 (Ala. 1979); Dickerson v Schwabacher , 177 Ala. 371 , 58 So. 986 (1912) The fact that the trial court determined the transaction between Robert and Ray to be entirely fraudulent and deceitful and that the subsequent garnishment and ejectment constituted the same is sufficient to sustain the abuse of process judgment even though the judgment for the ejectment and garnishment arose out of a proper and legal pr 1981It is the malicious perversion of a regularly issued process to accomplish a purpose whereby a result not lawfully or properly obtainable under it is secured Duncan v. Kent , 370 So.2d 288 (Ala. 1979); Dickerson v Schwabacher , 177 Ala. 371 , 58 So. 986 (1912) The fact that the trial court determined the transaction between Robert and Ray to be entirely fraudulent and deceitful and that the subsequent garnishment and ejectment constituted the same is sufficient to sustain the abuse of process judgment even though the judgment for the ejectment and garnishment arose out of a proper and legal pr | 1 | 1981–1981 |
Duncan v. Kent
green
1 sentence1981It is the malicious perversion of a regularly issued process to accomplish a purpose whereby a result not lawfully or properly obtainable under it is secured Duncan v. Kent , 370 So.2d 288 (Ala. 1979); Dickerson v Schwabacher , 177 Ala. 371 , 58 So. 986 (1912) The fact that the trial court determined the transaction between Robert and Ray to be entirely fraudulent and deceitful and that the subsequent garnishment and ejectment constituted the same is sufficient to sustain the abuse of process judgment even though the judgment for the ejectment and garnishment arose out of a proper and legal pr | 1 | 1981–1981 |
McKenzie v. Jensen
green
2 sentences1925McKenzie v. Jensen, 70 So. 678 , 195 Ala. 36, 39 , escheat proceeding. 1925McKenzie v. Jensen, 70 So. 678 , 195 Ala. 36, 39 , escheat proceeding. | 1 | 1925–1925 |
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.