justiciable claim (Alabama) · Go Syfert
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justiciable claim in Alabama

8 Alabama opinions name it 2 courts 1978–2018 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 (6)

CaseFollowedCited
Bedsole v. Goodloegreen
ala · 2005 · cited in 5 Alabama opinions naming this issue, 2009–2018
2 sentences

2018If we determine that a complaint fails to state a justiciable claim, we are obliged to conclude that the trial court lacked jurisdiction over that complaint; such a complaint therefore would not require the filing of a responsive pleading.' " Bedsole v. Goodloe , 912 So.2d 508 , 518 (Ala. 2005).

2018If we determine that a complaint fails to state a justiciable claim, we are obliged to conclude that the trial court lacked jurisdiction over that complaint; such a complaint therefore would not require the filing of a responsive pleading.' " Bedsole v. Goodloe , 912 So.2d 508 , 518 (Ala. 2005).

35
Stamps v. Jefferson County Bd. of Educ.green
ala · 1994 · cited in 4 Alabama opinions naming this issue, 2010–2018
2 sentences

2018"The Declaratory Judgment Act, § 6-6-220 et seq., Ala. Code 1975, is not a vehicle for obtaining legal advice from the courts: " 'The Declaratory Judgment Act, codified at §§ 6-6-220 through -232, Ala. Code 1975, "does not ' "empower courts to ... give advisory opinions , however convenient it might be to have these questions decided for the government of future cases." ' " Bruner v. Geneva County Forestry Dep't , 865 So.2d 1167 , 1175 (Ala. 2003) (quoting Stamps v. Jefferson County Bd. of Educ. , 642 So.2d 941 , 944 (Ala. 1994), quoting in turn Town of Warrior v. Blaylock , 275 Ala. 113 , 114

2018"The Declaratory Judgment Act, § 6-6-220 et seq., Ala. Code 1975, is not a vehicle for obtaining legal advice from the courts: " 'The Declaratory Judgment Act, codified at §§ 6-6-220 through -232, Ala. Code 1975, "does not ' "empower courts to ... give advisory opinions , however convenient it might be to have these questions decided for the government of future cases." ' " Bruner v. Geneva County Forestry Dep't , 865 So.2d 1167 , 1175 (Ala. 2003) (quoting Stamps v. Jefferson County Bd. of Educ. , 642 So.2d 941 , 944 (Ala. 1994), quoting in turn Town of Warrior v. Blaylock , 275 Ala. 113 , 114

24
Bruner v. Geneva County Forestry Dept.green
ala · 2003 · cited in 4 Alabama opinions naming this issue, 2010–2018
2 sentences

2018"The Declaratory Judgment Act, § 6-6-220 et seq., Ala. Code 1975, is not a vehicle for obtaining legal advice from the courts: " 'The Declaratory Judgment Act, codified at §§ 6-6-220 through -232, Ala. Code 1975, "does not ' "empower courts to ... give advisory opinions , however convenient it might be to have these questions decided for the government of future cases." ' " Bruner v. Geneva County Forestry Dep't , 865 So.2d 1167 , 1175 (Ala. 2003) (quoting Stamps v. Jefferson County Bd. of Educ. , 642 So.2d 941 , 944 (Ala. 1994), quoting in turn Town of Warrior v. Blaylock , 275 Ala. 113 , 114

2018"The Declaratory Judgment Act, § 6-6-220 et seq., Ala. Code 1975, is not a vehicle for obtaining legal advice from the courts: " 'The Declaratory Judgment Act, codified at §§ 6-6-220 through -232, Ala. Code 1975, "does not ' "empower courts to ... give advisory opinions , however convenient it might be to have these questions decided for the government of future cases." ' " Bruner v. Geneva County Forestry Dep't , 865 So.2d 1167 , 1175 (Ala. 2003) (quoting Stamps v. Jefferson County Bd. of Educ. , 642 So.2d 941 , 944 (Ala. 1994), quoting in turn Town of Warrior v. Blaylock , 275 Ala. 113 , 114

24
Town of Warrior v. Blaylockgreen
ala · 1963 · cited in 4 Alabama opinions naming this issue, 2010–2018
2 sentences

2018"The Declaratory Judgment Act, § 6-6-220 et seq., Ala. Code 1975, is not a vehicle for obtaining legal advice from the courts: " 'The Declaratory Judgment Act, codified at §§ 6-6-220 through -232, Ala. Code 1975, "does not ' "empower courts to ... give advisory opinions , however convenient it might be to have these questions decided for the government of future cases." ' " Bruner v. Geneva County Forestry Dep't , 865 So.2d 1167 , 1175 (Ala. 2003) (quoting Stamps v. Jefferson County Bd. of Educ. , 642 So.2d 941 , 944 (Ala. 1994), quoting in turn Town of Warrior v. Blaylock , 275 Ala. 113 , 114

2018"The Declaratory Judgment Act, § 6-6-220 et seq., Ala. Code 1975, is not a vehicle for obtaining legal advice from the courts: " 'The Declaratory Judgment Act, codified at §§ 6-6-220 through -232, Ala. Code 1975, "does not ' "empower courts to ... give advisory opinions , however convenient it might be to have these questions decided for the government of future cases." ' " Bruner v. Geneva County Forestry Dep't , 865 So.2d 1167 , 1175 (Ala. 2003) (quoting Stamps v. Jefferson County Bd. of Educ. , 642 So.2d 941 , 944 (Ala. 1994), quoting in turn Town of Warrior v. Blaylock , 275 Ala. 113 , 114

24
ETOWAH BAPTIST ASS'N. v. Entrekingreen
ala · 2010 · cited in 3 Alabama opinions naming this issue, 2011–2018
2 sentences

2018"The Declaratory Judgment Act, § 6-6-220 et seq., Ala. Code 1975, is not a vehicle for obtaining legal advice from the courts: " 'The Declaratory Judgment Act, codified at §§ 6-6-220 through -232, Ala. Code 1975, "does not ' "empower courts to ... give advisory opinions , however convenient it might be to have these questions decided for the government of future cases." ' " Bruner v. Geneva County Forestry Dep't , 865 So.2d 1167 , 1175 (Ala. 2003) (quoting Stamps v. Jefferson County Bd. of Educ. , 642 So.2d 941 , 944 (Ala. 1994), quoting in turn Town of Warrior v. Blaylock , 275 Ala. 113 , 114

2018"The Declaratory Judgment Act, § 6-6-220 et seq., Ala. Code 1975, is not a vehicle for obtaining legal advice from the courts: " 'The Declaratory Judgment Act, codified at §§ 6-6-220 through -232, Ala. Code 1975, "does not ' "empower courts to ... give advisory opinions , however convenient it might be to have these questions decided for the government of future cases." ' " Bruner v. Geneva County Forestry Dep't , 865 So.2d 1167 , 1175 (Ala. 2003) (quoting Stamps v. Jefferson County Bd. of Educ. , 642 So.2d 941 , 944 (Ala. 1994), quoting in turn Town of Warrior v. Blaylock , 275 Ala. 113 , 114

13
DeQuesada v. DeQuesadagreen
alacivapp · 1996 · cited in 1 Alabama opinions naming this issue, 1999–1999
1 sentence

1999See also, DeQuesada, supra. In his motion to set aside the default judgment, the husband alleged that he had a justiciable defense.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Ex Parte Sierra Club green
ala · 1995
1 sentence

2009In Ex parte Sierra Club, 674 So.2d 54 (Ala.1995), the trial court set aside a consent judgment entered in a declaratory-judgment action that purported to determine the legality of appointments to the Alabama Environmental Management Commission.

12009–2009
Nunez v. City of North Las Vegas green
nev · 2000
2 sentences

2000In Pittman v. Lower Court Counseling, 110 Nev. 359 , 871 P.2d 953 (1994), overruled on other grounds, Nunez v. City of North Las Vegas, ___ Nev. ___, 1 P.3d 959 (2000), a defendant, Pittman, elected to perform community service rather than pay a fine for a driving violation.

2000In Pittman v. Lower Court Counseling , 110 Nev. 359 , 871 P.2d 953 (1994), overruled on other grounds , Nunez v. City of North Las Vegas , ___ Nev. ___, 1 P.3d 959 (2000), a defendant, Pittman, elected to perform community service rather than pay a fine for a driving violation.

12000–2000
Pittman v. Lower Court Counseling green
nev · 1994
2 sentences

2000In Pittman v. Lower Court Counseling , 110 Nev. 359 , 871 P.2d 953 (1994), overruled on other grounds , Nunez v. City of North Las Vegas , ___ Nev. ___, 1 P.3d 959 (2000), a defendant, Pittman, elected to perform community service rather than pay a fine for a driving violation.

2000In Pittman v. Lower Court Counseling , 110 Nev. 359 , 871 P.2d 953 (1994), overruled on other grounds , Nunez v. City of North Las Vegas , ___ Nev. ___, 1 P.3d 959 (2000), a defendant, Pittman, elected to perform community service rather than pay a fine for a driving violation.

12000–2000
Tennessee Coal, Iron & Ry. Co. v. Kelly green
· 1909
2 sentences

1978Co. v. Kelly , 163 Ala. 348 , 50 So. 1008 (1909).

1978Co. v. Kelly , 163 Ala. 348 , 50 So. 1008 (1909).

11978–1978

Statutes the citing opinions construe

AL § Ala. Code § 6-6-220 (4)

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

TX 106 (1998–2026) OH 59 (1984–2026) MO 23 (1968–2013) CT 11 (1991–2024) FL 10 (1937–2019) NM 10 (2002–2023) IL 9 (1978–2023) NY 9 (1982–2015) TN 9 (1997–2013) AL 8 (1978–2018) NC 7 (2005–2023) PA 7 (1976–2023) MS 7 (1987–2015) IN 6 (1971–2019) RI 5 (2005–2025) ME 5 (2005–2024) OR 5 (1997–2015) GA 5 (2013–2023) MI 5 (1994–2024) WA 4 (2010–2021) CA 4 (1968–2020) ID 3 (2017–2025) AZ 3 (1994–2024) LA 3 (2006–2008) DC 3 (1989–2005) KY 3 (1968–2025) MA 3 (1981–2003) CO 3 (1981–2013) MD 2 (2012–2020) AK 2 (1990–2021) IA 2 (1979–2012)

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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