7 Alabama opinions name it 2 courts 1887–2012 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 |
|---|---|---|
Franks v. Jordangreen1 sentence2012See Ex parte Krages, 689 So.2d 799, 805 (Ala.1997) (“ ‘ “If a statute is susceptible of two constructions, one of which is workable and fair and the other unworkable and unjust the court will assume that the legislature intended that which is workable and fair.’”” (quoting other cases; emphasis omitted)); Franks v. Jordan, 55 So.3d 1218, 1224 (Ala.Civ.App.2010) (“We must presume the legislature intended a rational result.”). | 1 | 1 |
Ex Parte Kragesgreen1 sentence2012See Ex parte Krages, 689 So.2d 799, 805 (Ala.1997) (“ ‘ “If a statute is susceptible of two constructions, one of which is workable and fair and the other unworkable and unjust the court will assume that the legislature intended that which is workable and fair.’”” (quoting other cases; emphasis omitted)); Franks v. Jordan, 55 So.3d 1218, 1224 (Ala.Civ.App.2010) (“We must presume the legislature intended a rational result.”). | 1 | 1 |
Oehmig v. Johnsongreen2 sentences2002For example, see Ala.Code 1975, § 6-2-3 (providing that a fraud claim does not accrue "until the discovery by the aggrieved party of the fact constituting the fraud"). [3] The Hudsons rely on Oehmig v. Johnson, 638 So.2d 846, 851 (Ala.1994), wherein this Court stated, in dicta, that "[t]he time for the rule of repose cannot run until there is at least constructive notice of a potential claim." This statement, which was not supported by citation to any authority, is inconsistent with the well-established understanding of the rule of repose described above. 2002Furthermore, Oehmig was not decided on the basis of this incorrect statement; rather, Oehmig was decided on the basis that the rule of repose could not be used offensively (in a manner similar to the concept of adverse possession) "against one with valid record title by one who clearly does not have title" in order to divest the title owner of property. 638 So.2d at 850 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ex Parte Conner
green
2 sentences1998Cook v. State, 384 So.2d 1158 (Ala.Cr.App.), cert. denied, 384 So.2d 1161 (Ala.1980); McGinnis v. State, 382 So.2d 605 (Ala.Cr.App.1979), writ denied, 382 So.2d 609 (Ala.1980). 1991Cook v. State, 384 So.2d 1158 (Ala.Cr.App.), cert. denied, 384 So.2d 1161 (Ala.1980); McGinnis v. State, 382 So.2d 605 (Ala.Cr.App.1979), writ denied, 382 So.2d 609 (Ala.1980). | 2 | 1991–1998 |
EX PARTE McGINNIS
neutral
2 sentences1998Cook v. State, 384 So.2d 1158 (Ala.Cr.App.), cert. denied, 384 So.2d 1161 (Ala.1980); McGinnis v. State, 382 So.2d 605 (Ala.Cr.App.1979), writ denied, 382 So.2d 609 (Ala.1980). 1991Cook v. State, 384 So.2d 1158 (Ala.Cr.App.), cert. denied, 384 So.2d 1161 (Ala.1980); McGinnis v. State, 382 So.2d 605 (Ala.Cr.App.1979), writ denied, 382 So.2d 609 (Ala.1980). | 2 | 1991–1998 |
Cook v. State
green
2 sentences1998Cook v. State, 384 So.2d 1158 (Ala.Cr.App.), cert. denied, 384 So.2d 1161 (Ala.1980); McGinnis v. State, 382 So.2d 605 (Ala.Cr.App.1979), writ denied, 382 So.2d 609 (Ala.1980). 1991Cook v. State, 384 So.2d 1158 (Ala.Cr.App.), cert. denied, 384 So.2d 1161 (Ala.1980); McGinnis v. State, 382 So.2d 605 (Ala.Cr.App.1979), writ denied, 382 So.2d 609 (Ala.1980). | 2 | 1991–1998 |
Ex Parte Cook
neutral
2 sentences1998Cook v. State, 384 So.2d 1158 (Ala.Cr.App.), cert. denied, 384 So.2d 1161 (Ala.1980); McGinnis v. State, 382 So.2d 605 (Ala.Cr.App.1979), writ denied, 382 So.2d 609 (Ala.1980). 1991Cook v. State, 384 So.2d 1158 (Ala.Cr.App.), cert. denied, 384 So.2d 1161 (Ala.1980); McGinnis v. State, 382 So.2d 605 (Ala.Cr.App.1979), writ denied, 382 So.2d 609 (Ala.1980). | 2 | 1991–1998 |
Ex Parte Liberty Nat. Life Ins. Co.
green
2 sentences2003This Court's holding in Ex parte Liberty National simply mirrors the foregoing argument in the reply brief by citing Ballenger and Merrill and declining to permit Oehmig to control, as it was dictum "inconsistent with the well-established understanding of the rule of repose." 825 So.2d at 765 n. 3. 2003This Court's holding in Ex parte Liberty National simply mirrors the foregoing argument in the reply brief by citing Ballenger and Merrill and declining to permit Oehmig to control, as it was dictum "inconsistent with the well-established understanding of the rule of repose." 825 So.2d at 765 n. 3. | 1 | 2003–2003 |
Alabama State Land Co. v. Reed
green
1 sentence1918Immediately before plaintiff’s counsel suggested to the court that the words “it was publicly known,” objected to by defendants, be excluded, evidence was offered by plaintiff showing that it had advertised on three different occasions its intention to close its business and the offer of its goods at a sacrifice for quick disposal ; and the court thereafter replied, “All right.” The context shows that the witness’ reply, to which the objection and exception were directed, was a mere repetition of his immediately preceding statement, “We had been telling everybody for months we were moving.” In | 1 | 1918–1918 |
Bibb v. Reid
neutral
1 sentence1887In other words, it was left with him as an escrow. ‘ Neither Pearson nor Scott signed the bond, and it results, if there is nothing else in the transaction, that Evans is not bound as a surety on the bond. — Bibb v. Reid, 3 Ala. 88 ; Guild v. Thomas, 54 Ala. 414 ; Marks v. First National Bank, 79 Ala. 550 ; Smith v. Kirkland, 81 Ala. 345 . | 1 | 1887–1887 |
Guild v. Thomas
neutral
1 sentence1887In other words, it was left with him as an escrow. ‘ Neither Pearson nor Scott signed the bond, and it results, if there is nothing else in the transaction, that Evans is not bound as a surety on the bond. — Bibb v. Reid, 3 Ala. 88 ; Guild v. Thomas, 54 Ala. 414 ; Marks v. First National Bank, 79 Ala. 550 ; Smith v. Kirkland, 81 Ala. 345 . | 1 | 1887–1887 |
Marks v. First National Bank
neutral
1 sentence1887In other words, it was left with him as an escrow. ‘ Neither Pearson nor Scott signed the bond, and it results, if there is nothing else in the transaction, that Evans is not bound as a surety on the bond. — Bibb v. Reid, 3 Ala. 88 ; Guild v. Thomas, 54 Ala. 414 ; Marks v. First National Bank, 79 Ala. 550 ; Smith v. Kirkland, 81 Ala. 345 . | 1 | 1887–1887 |
Smith, Stewart & Co. v. Kirkland
neutral
1 sentence1887In other words, it was left with him as an escrow. ‘ Neither Pearson nor Scott signed the bond, and it results, if there is nothing else in the transaction, that Evans is not bound as a surety on the bond. — Bibb v. Reid, 3 Ala. 88 ; Guild v. Thomas, 54 Ala. 414 ; Marks v. First National Bank, 79 Ala. 550 ; Smith v. Kirkland, 81 Ala. 345 . | 1 | 1887–1887 |
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.