against test in Alabama

1990We have weighed the evidence presented to the trial court against the factors enunciated in Peebles and Reynolds , as well as Mashburn v. National Healthcare, Inc., 684 F.Supp. 679 (M.D.Ala.1988); and Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir.1974).

1990We have weighed the evidence presented to the trial court against the factors enunciated in Peebles and Reynolds , as well as Mashburn v. National Healthcare, Inc., 684 F.Supp. 679 (M.D.Ala.1988); and Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir.1974).

1990We have weighed the evidence presented to the trial court against the factors enunciated in Peebles and Reynolds , as well as Mashburn v. National Healthcare, Inc., 684 F.Supp. 679 (M.D.Ala.1988); and Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir.1974).

1990We have weighed the evidence presented to the trial court against the factors enunciated in Peebles and Reynolds , as well as Mashburn v. National Healthcare, Inc., 684 F.Supp. 679 (M.D.Ala.1988); and Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir.1974).

1987This question was clearly answered in City of Huntsville v. Smartt, 409 So.2d 1353 (Ala. 1982): “The law in Alabama has consistently been that the decision of a governmental agency, when made within the scope of the agency’s authority, will not be enjoined unless [it] was made arbitrarily, capriciously, in bad faith or as a part of a fraud. [Citations omitted.] “The Court of Civil Appeals, in Hughes v. Jefferson County Board of Education, 370 So.2d 1034 (Ala.Civ.App. 1979), enunciated the standard against which to test an administrative agency’s action in determining whether there has been arb

1982The Court of Civil Appeals, in Hughes v. Jefferson County Board of Education , 370 So.2d 1034 (Ala.Civ.App. 1979), enunciated the standard against which to test an administrative agency's action in determining whether there has been arbitrariness, capriciousness, bad faith, or fraud: "A determination by an administrative agency is not `arbitrary' or `unreasonable' where there is a reasonable justification for its decision or where its determination is founded upon adequate principles or fixed standards.

1987This question was clearly answered in City of Huntsville v. Smartt, 409 So.2d 1353 (Ala. 1982): “The law in Alabama has consistently been that the decision of a governmental agency, when made within the scope of the agency’s authority, will not be enjoined unless [it] was made arbitrarily, capriciously, in bad faith or as a part of a fraud. [Citations omitted.] “The Court of Civil Appeals, in Hughes v. Jefferson County Board of Education, 370 So.2d 1034 (Ala.Civ.App. 1979), enunciated the standard against which to test an administrative agency’s action in determining whether there has been arb

1987This question was clearly answered in City of Huntsville v. Smartt, 409 So.2d 1353 (Ala. 1982): “The law in Alabama has consistently been that the decision of a governmental agency, when made within the scope of the agency’s authority, will not be enjoined unless [it] was made arbitrarily, capriciously, in bad faith or as a part of a fraud. [Citations omitted.] “The Court of Civil Appeals, in Hughes v. Jefferson County Board of Education, 370 So.2d 1034 (Ala.Civ.App. 1979), enunciated the standard against which to test an administrative agency’s action in determining whether there has been arb

1984Nevertheless, the trial court instructed the jury as to the element of "putting in fear." Against defendant's contention that his conviction should be overturned because he used no force and violence to accomplish the robbery, and the "putting in fear" charge to the jury was erroneous, the Maine court determined the jury instruction to be harmless error. "(D)efendant's participation in the pointing of a firearm at Prout while defendant and Strode were taking Prout's automobile was unquestionably the use of `force and violence.'" 321 A.2d at 367 .

1983In Salmon v. Birmingham Parking Authority , 294 Ala. 226 , 314 So.2d 687 (1975), this court found that failure of the Legislature to require personal service on every "taxpayer and citizen" does not render these bond validation provisions unconstitutional.

1983In Salmon v. Birmingham Parking Authority , 294 Ala. 226 , 314 So.2d 687 (1975), this court found that failure of the Legislature to require personal service on every "taxpayer and citizen" does not render these bond validation provisions unconstitutional.

1950Wesson v. State, 238 Ala. 399 , 191 So. 249 ; Morrell v. State, Ala.App., 44 So.2d 278 .

1950Wesson v. State, 238 Ala. 399 , 191 So. 249 ; Morrell v. State, Ala.App., 44 So.2d 278 .

1950Wesson v. State, 238 Ala. 399 , 191 So. 249 ; Morrell v. State, Ala.App., 44 So.2d 278 .

1947Birmingham Ry., L. & P. Co. v. Nicholas, 181 Ala. 491 , 61 So. 361 .

1947Birmingham Ry., L. & P. Co. v. Nicholas, 181 Ala. 491 , 61 So. 361 .

1913So’ the evidence of misconduct by the court must be found, if at all, in the statement, “and do not come back any more with anything like that.” If it is assumed (for the occasion only) that the remarks of the presiding judge are susceptible of two interpretations — one of which will conclude to error and the other against error — it has long been established that bills of exceptions are to be construed most strongly against the party excepting, and the appellate court will adopt that supporting the judgment. — McGehee’s Case, 52 Ala. 224 ; Dickens’ Case, 142 Ala. 49 , 39 South. 14 , 110 Am.

1913So’ the evidence of misconduct by the court must be found, if at all, in the statement, “and do not come back any more with anything like that.” If it is assumed (for the occasion only) that the remarks of the presiding judge are susceptible of two interpretations — one of which will conclude to error and the other against error — it has long been established that bills of exceptions are to be construed most strongly against the party excepting, and the appellate court will adopt that supporting the judgment. — McGehee’s Case, 52 Ala. 224 ; Dickens’ Case, 142 Ala. 49 , 39 South. 14 , 110 Am.

1902These statements were not of conclusions merely, but being based on knowledge of the manner of the utterances and of the situation of the females, they Avere statements of collective facts proper to be admitted in evidence. — McVay v. State, 100 Ala. 110 .