above-mentioned rule (Alabama) · Go Syfert
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above-mentioned rule in Alabama

7 Alabama opinions name it 4 courts 1929–2025 1 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 (3)

CaseFollowedCited
Ex Parte Donaldson, 1100768 (Ala. 9-16-2011)green
ala · 2011 · cited in 1 Alabama opinions naming this issue, 2025–2025
1 sentence

2025We have, thus, recognized that deputies are entitled to immunity from liability for damages "whenever the acts that form the basis of the[ir] alleged liability were being performed within the line and scope of the[ir] … employment." Ex parte Donaldson, 80 So. 3d 895, 899 (Ala. 2011). 14 SC-2024-0263 The above-mentioned standard for deputy-sheriff immunity traces back to our decision in Hereford v. Jefferson County, 586 So. 2d 209 (Ala. 1991).

11
Mosely v. Kennedygreen
ala · 1944 · cited in 1 Alabama opinions naming this issue, 2025–2025
2 sentences

2025There, we first held that the immunity conferred on sheriffs also extends to their deputies and provided a single reason for that extension: our prior caselaw embracing the principle that " '[t]he deputy sheriff is the alter ego of the sheriff.' " Id. at 210 (quoting Mosely v. Kennedy, 245 Ala. 448, 450 , 17 So. 2d 536, 537 (1944)).

2025There, we first held that the immunity conferred on sheriffs also extends to their deputies and provided a single reason for that extension: our prior caselaw embracing the principle that " '[t]he deputy sheriff is the alter ego of the sheriff.' " Id. at 210 (quoting Mosely v. Kennedy, 245 Ala. 448, 450 , 17 So. 2d 536, 537 (1944)).

11
Barnett Millworks, Inc. v. Guthriegreen
ala · 2007 · cited in 1 Alabama opinions naming this issue, 2007–2007
1 sentence

2007In Barnett Millworks, the Alabama Supreme Court reiterated the above-mentioned principle espoused in Sharer and in other cases, but it applied the principle to the unique situation in that case, in which the guarantor allegedly waived the authority to revoke its guaranty and conditioned its ability to revoke the guaranty upon receiving the written consent of the creditor. [3] The revocation provision in the guaranty agreement in Barnett stated as follows: "`I agree this Guarantee of Payment can only be cancelled with the expressed written consent of [the creditor,] Barnett Millworks, Inc.'" *9

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 (7)

CaseCitedYears
Harmelin v. Michigan green
scotus · 1991
2 sentences

2018Accordingly, this Court held that, after a careful analysis of the above-mentioned factors, it was convinced that "the statute mandating imposition of a life without parole sentence is unconstitutional, as it is applied to this defendant for the commission of this crime." Id. at 781 .

2018Accordingly, this Court held that, after a careful analysis of the above-mentioned factors, it was convinced that "the statute mandating imposition of a life without parole sentence is unconstitutional, as it is applied to this defendant for the commission of this crime." Id. at 781 .

22018–2018
Hereford v. Jefferson County green
ala · 1991
2 sentences

2025We have, thus, recognized that deputies are entitled to immunity from liability for damages "whenever the acts that form the basis of the[ir] alleged liability were being performed within the line and scope of the[ir] … employment." Ex parte Donaldson, 80 So. 3d 895, 899 (Ala. 2011). 14 SC-2024-0263 The above-mentioned standard for deputy-sheriff immunity traces back to our decision in Hereford v. Jefferson County, 586 So. 2d 209 (Ala. 1991).

2025There, we first held that the immunity conferred on sheriffs also extends to their deputies and provided a single reason for that extension: our prior caselaw embracing the principle that " '[t]he deputy sheriff is the alter ego of the sheriff.' " Id. at 210 (quoting Mosely v. Kennedy, 245 Ala. 448, 450 , 17 So. 2d 536, 537 (1944)).

12025–2025
United States v. Lowe green
ca9 · 1981
1 sentence

1987"Applying the above-mentioned test, the Court concluded that 'precisely because defendants here acted purposely, it is likely that they will be disinclined to cross the 250 foot line' and therefore, 'the probation condition reasonably meets the goal of keeping the peace and deterring further criminal activity.' U.S. v. Lowe , 654 F.2d at 567 . 'The appellants argued that the 250 foot limit was arbitrary, that it was unreasonable to select that distance over a greater or lesser distance in order to curtail any future fence climbing.

11987–1987
Bains v. Dank neutral
ala · 1917
2 sentences

1941And as a corollary thereof, it is declared in Bains v. Dank, 199 Ala. 250, 252 , 74 So. 341, 342 , that: “The above-mentioned rule is therefore applicable here, and the landlord was under no obligation to make the repairs.

1941And as a corollary thereof, it is declared in Bains v. Dank, 199 Ala. 250, 252 , 74 So. 341, 342 , that: “The above-mentioned rule is therefore applicable here, and the landlord was under no obligation to make the repairs.

11941–1941
MacKe v. Sutterer green
ala · 1932
2 sentences

1941Notwithstanding this, however, if he voluntarily, at the tenant’s request, undertakes to make the repairs, he is liable for any injuries which may result to the latter from the negligent manner in which the work is done. 24 Cyc. 116; 1 Tiffany, Landlord & Tenant, p. 608.” See also Macke v. Sutterer, 224 Ala. 681, 683 , 141 So. 651 ; Arlington Realty Co. v. Lawson, 228 Ala. 214 , 153 So. 425 ; Prudential Life Ins.

1941Notwithstanding this, however, if he voluntarily, at the tenant’s request, undertakes to make the repairs, he is liable for any injuries which may result to the latter from the negligent manner in which the work is done. 24 Cyc. 116; 1 Tiffany, Landlord & Tenant, p. 608.” See also Macke v. Sutterer, 224 Ala. 681, 683 , 141 So. 651 ; Arlington Realty Co. v. Lawson, 228 Ala. 214 , 153 So. 425 ; Prudential Life Ins.

11941–1941
Arlington Realty Co. v. Lawson green
ala · 1934
2 sentences

1941Notwithstanding this, however, if he voluntarily, at the tenant’s request, undertakes to make the repairs, he is liable for any injuries which may result to the latter from the negligent manner in which the work is done. 24 Cyc. 116; 1 Tiffany, Landlord & Tenant, p. 608.” See also Macke v. Sutterer, 224 Ala. 681, 683 , 141 So. 651 ; Arlington Realty Co. v. Lawson, 228 Ala. 214 , 153 So. 425 ; Prudential Life Ins.

1941Notwithstanding this, however, if he voluntarily, at the tenant’s request, undertakes to make the repairs, he is liable for any injuries which may result to the latter from the negligent manner in which the work is done. 24 Cyc. 116; 1 Tiffany, Landlord & Tenant, p. 608.” See also Macke v. Sutterer, 224 Ala. 681, 683 , 141 So. 651 ; Arlington Realty Co. v. Lawson, 228 Ala. 214 , 153 So. 425 ; Prudential Life Ins.

11941–1941
Henderson v. Tennessee Coal, Iron & Ry. Co. neutral
ala · 1914
2 sentences

1929Co., 190 Ala. 126, 129 , 67 So. 414, 415 , it (the above-mentioned rule 45) “was intended to obviate previous rulings as to reversing cases upon the mere presumption of injury, whenever error was shown, and makes it incumbent upon an appellant to not only show error but also that he was probably injured thereby.” We will not reverse the judgment for the error in overruling appellant’s motion to quash the service of the summons upon him.

1929Co., 190 Ala. 126, 129 , 67 So. 414, 415 , it (the above-mentioned rule 45) “was intended to obviate previous rulings as to reversing cases upon the mere presumption of injury, whenever error was shown, and makes it incumbent upon an appellant to not only show error but also that he was probably injured thereby.” We will not reverse the judgment for the error in overruling appellant’s motion to quash the service of the summons upon him.

11929–1929

Where else courts name it

IN 24 (1936–2020) CA 21 (1921–2023) NY 14 (1930–2020) IL 9 (1956–2022) PA 9 (1980–2025) TX 9 (1916–2018) OH 9 (1996–2021) RI 8 (1938–2023) AL 7 (1929–2025) OR 6 (1959–2013) WI 5 (1972–2021) MS 5 (1952–2026) MI 4 (1941–1988) WA 4 (1947–1967) NV 4 (2019–2020) PR 3 (1943–1961) AR 3 (1931–2012) GA 3 (1996–2004) LA 3 (1946–1984) MD 3 (1991–2012) FL 3 (1975–2013) DC 3 (1982–2020) WV 3 (1990–1995) MO 3 (1871–2011) NE 2 (1982–2003) ME 2 (1961–2019) OK 2 (1960–1961) DE 2 (2017–2018) ND 2 (1979–1980) AZ 2 (1950–2019) KY 2 (2022–2022) CO 2 (1995–1996)

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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