51 Alabama opinions name it 4 courts 1874–2022 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.
| Case | Followed | Cited |
|---|---|---|
City of Mobile v. Saltergreen2 sentences2015Nevertheless, ‘if the remaining portions of an Act are complete within themselves, sensible and capable of execution, the Act will stand.’ Mitchell v. Mobile County, 294 Ala. 130, 134 , 313 So.2d 172, 174 (1975).” In City of Mobile v. Salter, 287 Ala. 660, 666-67 , 255 So.2d 5, 10 (1971), this Court quoted from Allen v. Louisiana, 103 U.S. 80, 83 , 26 L.Ed. 318 (1880), as follows: “‘It is an elementary principle-that the same statute may be in part constitutional and in part unconstitutional, and that if the parts are wholly independent of each other, that which is constitutional may stand whi 2015Nevertheless, ‘if the remaining portions of an Act are complete within themselves, sensible and capable of execution, the Act will stand.’ Mitchell v. Mobile County, 294 Ala. 130, 134 , 313 So.2d 172, 174 (1975).” In City of Mobile v. Salter, 287 Ala. 660, 666-67 , 255 So.2d 5, 10 (1971), this Court quoted from Allen v. Louisiana, 103 U.S. 80, 83 , 26 L.Ed. 318 (1880), as follows: “‘It is an elementary principle-that the same statute may be in part constitutional and in part unconstitutional, and that if the parts are wholly independent of each other, that which is constitutional may stand whi | 2 | 2 |
Allen v. Louisianagreen2 sentences2015Nevertheless, ‘if the remaining portions of an Act are complete within themselves, sensible and capable of execution, the Act will stand.’ Mitchell v. Mobile County, 294 Ala. 130, 134 , 313 So.2d 172, 174 (1975).” In City of Mobile v. Salter, 287 Ala. 660, 666-67 , 255 So.2d 5, 10 (1971), this Court quoted from Allen v. Louisiana, 103 U.S. 80, 83 , 26 L.Ed. 318 (1880), as follows: “‘It is an elementary principle-that the same statute may be in part constitutional and in part unconstitutional, and that if the parts are wholly independent of each other, that which is constitutional may stand whi 2015Nevertheless, ‘if the remaining portions of an Act are complete within themselves, sensible and capable of execution, the Act will stand.’ Mitchell v. Mobile County, 294 Ala. 130, 134 , 313 So.2d 172, 174 (1975).” In City of Mobile v. Salter, 287 Ala. 660, 666-67 , 255 So.2d 5, 10 (1971), this Court quoted from Allen v. Louisiana, 103 U.S. 80, 83 , 26 L.Ed. 318 (1880), as follows: “‘It is an elementary principle-that the same statute may be in part constitutional and in part unconstitutional, and that if the parts are wholly independent of each other, that which is constitutional may stand whi | 1 | 3 |
Mitchell v. Mobile Countygreen2 sentences2015Nevertheless, ‘if the remaining portions of an Act are complete within themselves, sensible and capable of execution, the Act will stand.’ Mitchell v. Mobile County, 294 Ala. 130, 134 , 313 So.2d 172, 174 (1975).” In City of Mobile v. Salter, 287 Ala. 660, 666-67 , 255 So.2d 5, 10 (1971), this Court quoted from Allen v. Louisiana, 103 U.S. 80, 83 , 26 L.Ed. 318 (1880), as follows: “‘It is an elementary principle-that the same statute may be in part constitutional and in part unconstitutional, and that if the parts are wholly independent of each other, that which is constitutional may stand whi 2015Nevertheless, ‘if the remaining portions of an Act are complete within themselves, sensible and capable of execution, the Act will stand.’ Mitchell v. Mobile County, 294 Ala. 130, 134 , 313 So.2d 172, 174 (1975).” In City of Mobile v. Salter, 287 Ala. 660, 666-67 , 255 So.2d 5, 10 (1971), this Court quoted from Allen v. Louisiana, 103 U.S. 80, 83 , 26 L.Ed. 318 (1880), as follows: “‘It is an elementary principle-that the same statute may be in part constitutional and in part unconstitutional, and that if the parts are wholly independent of each other, that which is constitutional may stand whi | 1 | 1 |
Nichols v. Kansas Political Action Committeegreen2 sentences2004The Supreme Court of Kansas explained reliance in Nichols v. Kansas Political Action Comm. , 270 Kan. 37 , 53 , 11 P.3d 1134 , 1146 (2000): "`It is an elementary rule of the law of fraud, regardless of the form of relief sought, that in order to secure redress because of false representations it is not enough to show merely that they were material, that they were known to be false and that they were made with intent to deceive, but it must also be shown that they did actually mislead and deceive, or, in other words, that they were relied upon by the complaining party to his detriment. 2004The Supreme Court of Kansas explained reliance in Nichols v. Kansas Political Action Comm. , 270 Kan. 37 , 53 , 11 P.3d 1134 , 1146 (2000): "`It is an elementary rule of the law of fraud, regardless of the form of relief sought, that in order to secure redress because of false representations it is not enough to show merely that they were material, that they were known to be false and that they were made with intent to deceive, but it must also be shown that they did actually mislead and deceive, or, in other words, that they were relied upon by the complaining party to his detriment. | 1 | 1 |
Manu-Tronics, Inc. v. Effective Management Systems, Inc.green2 sentences2000Co. v. Messinger, 43 N.Y.2s 184, 189-90, 40 N.Y.S.2d 36 , 371 N.E.2d 798 , 801 (1977) ("doctrines of [res judicata and collateral estoppel] apply as well to awards in arbitration as they do to adjudications in judicial proceedings"); Manu-Tronics, Inc. v. Effective Management Sys., Inc., 163 Wis.2d 304 , 311 , 471 N.W.2d 263 , 266 (Wis.App. 1991) ("Essential to arbitration remaining useful is the elementary principle that the doctrines of res judicata and collateral are applicable to arbitration awards"); Restatement (Second) of Judgments § 84(1) (1982) ("a valid and final award by arbitration 2000Co. v. Messinger, 43 N.Y.2s 184, 189-90, 40 N.Y.S.2d 36 , 371 N.E.2d 798 , 801 (1977) ("doctrines of [res judicata and collateral estoppel] apply as well to awards in arbitration as they do to adjudications in judicial proceedings"); Manu-Tronics, Inc. v. Effective Management Sys., Inc., 163 Wis.2d 304 , 311 , 471 N.W.2d 263 , 266 (Wis.App. 1991) ("Essential to arbitration remaining useful is the elementary principle that the doctrines of res judicata and collateral are applicable to arbitration awards"); Restatement (Second) of Judgments § 84(1) (1982) ("a valid and final award by arbitration | 1 | 1 |
Galloway Coal Co. v. Stanfordgreen2 sentences1993The rule *Page 641 has been of frequent application to the Code; in its construction, uniformly, the Legislature has been presumed to have known the settled construction of statutes, of which there was a substantial reenactment, and to have intended the adoption of such construction.' " Galloway Coal Co. v. Stanford , 215 Ala. 79 , 81 , 109 So. 377 , 379 (1926) (emphasis added). 1993The rule *Page 641 has been of frequent application to the Code; in its construction, uniformly, the Legislature has been presumed to have known the settled construction of statutes, of which there was a substantial reenactment, and to have intended the adoption of such construction.' " Galloway Coal Co. v. Stanford , 215 Ala. 79 , 81 , 109 So. 377 , 379 (1926) (emphasis added). | 1 | 1 |
| Farrell v. Farrellgreen | 1 | 1 |
| Danner v. Stategreen | 1 | 1 |
| State v. Seaygreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Barnewall v. Murrell
green
2 sentences2008As the Court aptly put it in the early case of Barnewall v. Murrell, 108 Ala. 366, 377 , 18 So. 831 , 836 (1895), it is “an elementary rule of statutory construction” that, where a reenacted statute has previously been construed by the courts, it is “presumed the legislature intended the adoption of that construction, or [it] would have varied the words, adapting them to a different intent.” Here, the legislature could have “varied the words” of former § 11-3-6 in an effort to “adapt them to a different intent,” but did not. 1993"So, in Barnewall v. Murrell , 108 Ala. 366 , 377 , 18 So. 831 , 836 [1895], it was declared . . .: " 'It is an elementary rule of statutory construction, that re-enacted statutes must receive the known, settled construction which they had received when previously of force, for it must be presumed the Legislature intended the adoption of that construction, or they would have varied the words, adapting them to a different intent. . . . | 3 | 1926–2008 |
Grunewald v. United States
green
2 sentences2022But this can be done only if the judge is satisfied that the prior statements are in fact inconsistent.' Grunewald v. United States, 353 U.S. 391, 418 , 77 S. Ct. 963, 981 , 1 L. 2022But this can be done only if the judge is satisfied that the prior statements are in fact inconsistent.' Grunewald v. United States, 353 U.S. 391, 418 , 77 S. Ct. 963, 981 , 1 L. | 2 | 1986–2022 |
Hilton v. Southwick
neutral
2 sentences1987Hilton v. Southwick, 17 Me. 303 , 35 Am.Dec. 253; Morse v. Bellows, 7 N.H. 549 , 28 Am.Dec. 372; Todd v. Weber, 95 N.Y. 181 , 47 Am.Rep. 20 ; American Oak Extract Co. v. Ryan, 104 Ala. 274 , 15 South. 807 ; Sheffield Furnace Co. v. Hull Coal & Coke Co., 101 Ala. 446 , 14 South. 672 . 1920Hilton v. Southwick, 17 Me. 303 , 35 Am. | 2 | 1920–1987 |
United States v. Cruikshank
green
2 sentences1977"It is an elementary principle of criminal pleading, that where the definition of an offense, whether it be at common law or by statute, `includes generic terms, it is not sufficient that the indictment shall charge the offense in the same generic terms as in the definition; but it must state the species, it must descend to particular.'" *77 United States v. Cruikshank, 92 U.S. 542, 558 , 23 L.Ed. 588, 593 . 1977"It is an elementary principle of criminal pleading, that where the definition of an offense, whether it be at common law or by statute, `includes generic terms, it is not sufficient that the indictment shall charge the offense in the same generic terms as in the definition; but it must state the species, it must descend to particular.'" *77 United States v. Cruikshank, 92 U.S. 542, 558 , 23 L.Ed. 588, 593 . | 2 | 1955–1977 |
McCall v. Automatic Voting MacH. Corporation
green
2 sentences1956Corporation, 236 Ala. 10, 13 , 180 So. 695 , 697: “We are, of course, aware of the elementary principle that, where the validity of a statute is assailed, and there are two possible interpretations, by one of which the statute would be unconstitutional and by the other it would be valid, the court should adopt the construction which would uphold it. 1956Corporation, 236 Ala. 10, 13 , 180 So. 695 , 697: “We are, of course, aware of the elementary principle that, where the validity of a statute is assailed, and there are two possible interpretations, by one of which the statute would be unconstitutional and by the other it would be valid, the court should adopt the construction which would uphold it. | 2 | 1953–1956 |
United States v. Throckmorton
green
2 sentences1955United States v. Throckmorton, 98 U.S. 61 ( 25 L.Ed. 93 ); Randall v. Payne, 1 Tenn.Ch. (137), 143; Gifford v. Thorn, 9 N.J.Eq. 702; Dringer v. (Receiver), 42 N.J.Eq. 573, 8 A. 811 ; Watts v. Frazer, 80 Ala. (186), 188; Adler v. (Van Kirk Land &) Construction Co. ( 114 Ala. 551 ), 21 So. 490 ( 62 Am.St.Rep. 133 ). * * * “ ‘An elementary principle is that fraud is not to be presumed when parties do not stand in fiduciary relations, and will not be imputed when the facts and circumstances from which it is supposed to arise are fairly and reasonably consistent with honesty of intention. 1 Story E 1955United States v. Throckmorton, 98 U.S. 61 ( 25 L.Ed. 93 ); Randall v. Payne, 1 Tenn.Ch. (137), 143; Gifford v. Thorn, 9 N.J.Eq. 702; Dringer v. (Receiver), 42 N.J.Eq. 573, 8 A. 811 ; Watts v. Frazer, 80 Ala. (186), 188; Adler v. (Van Kirk Land &) Construction Co. ( 114 Ala. 551 ), 21 So. 490 ( 62 Am.St.Rep. 133 ). * * * “ ‘An elementary principle is that fraud is not to be presumed when parties do not stand in fiduciary relations, and will not be imputed when the facts and circumstances from which it is supposed to arise are fairly and reasonably consistent with honesty of intention. 1 Story E | 2 | 1942–1955 |
Harrell v. Mitchell
neutral
2 sentences1955Jur. § 190; 1 Brick.Dig. 662, § 323; Thames v. Rembert’s Adm’r, 63 Ala. 561 ; Harrell v. Mitchell, 61 Ala. 270 ; Pollak v. Searcy, 84 Ala. 259 , 4 So. 137 .’ See, also, Wright v. Wright, 230 Ala. 35 , 159 So. 220 . * * * * * * “It is also elementary that one who seeks relief from a judgment or decree of a court of competent jurisdiction must aver and prove that he was himself free from fault or negligence in suffering the judgment or decree to be entered. 1942United States v. Throckmorton, 98 U.S. 61 [ 25 L.Ed. 93 ]; Randall v. Payne, 1 Tenn.Ch. [137], 143; Gifford v. Thorn, 9 N.J.Eq. 702; Dringer v. [Receiver], 42 N.J.Eq. 573, 8 A. 811 ; Watts v. Frazer, 80 Ala. [186], 188; Adler v. [Van Kirk Land &] Construction Co. [ 114 Ala. 551 ], 21 So. 490 [ 62 Am.St.Rep. 133 ], * * * “An elementary principle is that fraud is not to be presumed when parties do not stand in fiduciary relations, and will not be imputed when the facts and circumstances from which it is supposed to arise are fairly and reasonably consistent with honesty of intention. 1 Story Eq. | 2 | 1942–1955 |
Thames & Co. v. Rembert's Adm'r
green
2 sentences1955Jur. § 190; 1 Brick.Dig. 662, § 323; Thames v. Rembert’s Adm’r, 63 Ala. 561 ; Harrell v. Mitchell, 61 Ala. 270 ; Pollak v. Searcy, 84 Ala. 259 , 4 So. 137 .’ See, also, Wright v. Wright, 230 Ala. 35 , 159 So. 220 . * * * * * * “It is also elementary that one who seeks relief from a judgment or decree of a court of competent jurisdiction must aver and prove that he was himself free from fault or negligence in suffering the judgment or decree to be entered. 1942United States v. Throckmorton, 98 U.S. 61 [ 25 L.Ed. 93 ]; Randall v. Payne, 1 Tenn.Ch. [137], 143; Gifford v. Thorn, 9 N.J.Eq. 702; Dringer v. [Receiver], 42 N.J.Eq. 573, 8 A. 811 ; Watts v. Frazer, 80 Ala. [186], 188; Adler v. [Van Kirk Land &] Construction Co. [ 114 Ala. 551 ], 21 So. 490 [ 62 Am.St.Rep. 133 ], * * * “An elementary principle is that fraud is not to be presumed when parties do not stand in fiduciary relations, and will not be imputed when the facts and circumstances from which it is supposed to arise are fairly and reasonably consistent with honesty of intention. 1 Story Eq. | 2 | 1942–1955 |
Pollak v. Searcy
neutral
2 sentences1955Jur. § 190; 1 Brick.Dig. 662, § 323; Thames v. Rembert’s Adm’r, 63 Ala. 561 ; Harrell v. Mitchell, 61 Ala. 270 ; Pollak v. Searcy, 84 Ala. 259 , 4 So. 137 .’ See, also, Wright v. Wright, 230 Ala. 35 , 159 So. 220 . * * * * * * “It is also elementary that one who seeks relief from a judgment or decree of a court of competent jurisdiction must aver and prove that he was himself free from fault or negligence in suffering the judgment or decree to be entered. 1942United States v. Throckmorton, 98 U.S. 61 [ 25 L.Ed. 93 ]; Randall v. Payne, 1 Tenn.Ch. [137], 143; Gifford v. Thorn, 9 N.J.Eq. 702; Dringer v. [Receiver], 42 N.J.Eq. 573, 8 A. 811 ; Watts v. Frazer, 80 Ala. [186], 188; Adler v. [Van Kirk Land &] Construction Co. [ 114 Ala. 551 ], 21 So. 490 [ 62 Am.St.Rep. 133 ], * * * “An elementary principle is that fraud is not to be presumed when parties do not stand in fiduciary relations, and will not be imputed when the facts and circumstances from which it is supposed to arise are fairly and reasonably consistent with honesty of intention. 1 Story Eq. | 2 | 1942–1955 |
Adler v. Van Kirk Land & Construction Co.
green
2 sentences1955United States v. Throckmorton, 98 U.S. 61 ( 25 L.Ed. 93 ); Randall v. Payne, 1 Tenn.Ch. (137), 143; Gifford v. Thorn, 9 N.J.Eq. 702; Dringer v. (Receiver), 42 N.J.Eq. 573, 8 A. 811 ; Watts v. Frazer, 80 Ala. (186), 188; Adler v. (Van Kirk Land &) Construction Co. ( 114 Ala. 551 ), 21 So. 490 ( 62 Am.St.Rep. 133 ). * * * “ ‘An elementary principle is that fraud is not to be presumed when parties do not stand in fiduciary relations, and will not be imputed when the facts and circumstances from which it is supposed to arise are fairly and reasonably consistent with honesty of intention. 1 Story E 1955United States v. Throckmorton, 98 U.S. 61 ( 25 L.Ed. 93 ); Randall v. Payne, 1 Tenn.Ch. (137), 143; Gifford v. Thorn, 9 N.J.Eq. 702; Dringer v. (Receiver), 42 N.J.Eq. 573, 8 A. 811 ; Watts v. Frazer, 80 Ala. (186), 188; Adler v. (Van Kirk Land &) Construction Co. ( 114 Ala. 551 ), 21 So. 490 ( 62 Am.St.Rep. 133 ). * * * "`An elementary principle is that fraud is not to be presumed when parties do not stand in fiduciary relations, and will not be imputed when the facts and circumstances from which it is supposed to arise are fairly and reasonably consistent with honesty of intention. 1 Story Eq | 2 | 1942–1955 |
Wright v. Wright
green
2 sentences1942United States v. Throckmorton, 98 U.S. 61 [ 25 L.Ed. 93 ]; Randall v. Payne, 1 Tenn.Ch. [137], 143; Gifford v. Thorn, 9 N.J.Eq. 702; Dringer v. [Receiver], 42 N.J.Eq. 573, 8 A. 811 ; Watts v. Frazer, 80 Ala. [186], 188; Adler v. [Van Kirk Land &] Construction Co. [ 114 Ala. 551 ], 21 So. 490 [ 62 Am.St.Rep. 133 ], * * * “An elementary principle is that fraud is not to be presumed when parties do not stand in fiduciary relations, and will not be imputed when the facts and circumstances from which it is supposed to arise are fairly and reasonably consistent with honesty of intention. 1 Story Eq. 1942United States v. Throckmorton, 98 U.S. 61 [ 25 L.Ed. 93 ]; Randall v. Payne, 1 Tenn.Ch. [137], 143; Gifford v. Thorn, 9 N.J.Eq. 702; Dringer v. [Receiver], 42 N.J.Eq. 573, 8 A. 811 ; Watts v. Frazer, 80 Ala. [186], 188; Adler v. [Van Kirk Land &] Construction Co. [ 114 Ala. 551 ], 21 So. 490 [ 62 Am.St.Rep. 133 ], * * * “An elementary principle is that fraud is not to be presumed when parties do not stand in fiduciary relations, and will not be imputed when the facts and circumstances from which it is supposed to arise are fairly and reasonably consistent with honesty of intention. 1 Story Eq. | 2 | 1942–1955 |
Adams v. Central of Georgia Railway Co.
neutral
2 sentences1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . 1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . | 2 | 1935–1935 |
Brown v. State
neutral
2 sentences1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . 1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . | 2 | 1935–1935 |
Dodson v. State
neutral
2 sentences1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . 1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . | 2 | 1935–1935 |
Gibson v. State
green
2 sentences1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . 1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . | 2 | 1935–1935 |
Drake v. State
neutral
2 sentences1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . 1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . | 2 | 1935–1935 |
Allen v. State
green
2 sentences1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . 1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . | 2 | 1935–1935 |
Vinson v. State
green
2 sentences1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . 1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . | 2 | 1935–1935 |
Evans v. State
neutral
2 sentences1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . 1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . | 2 | 1935–1935 |
Perdue v. State
neutral
2 sentences1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . 1935Drake v. State, 110 Ala. 9 , 20 So. 450 ; Gibson v. State, 91 Ala. 64 , 9 So. 171 ; Dodson v. State, 86 Ala. 60 , 5 So. 485 ; Perdue v. State, 17 Ala. App. 500 , 86 So. 158 ; Allen v. State, 134 Ala. 159 , 32 So. 318 ; Vinson v. State, 10 Ala. App. 61 , 64 So. 639 ; Evans v. State, 15 Ala. App. 383 , 73 So. 562 ; Id., 198 Ala. 689 , 73 So. 999 . | 2 | 1935–1935 |
Opinion of the Justices
green
2 sentences2015“But,” ... “if they are so mutually connected with and dependent on each other, as conditions, considerations, or compensations for each other as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional, or connected must fall with them.” ...’” In Opinion of the Justices No. 197, 284 Ala. 626 , 227 So.2d 396 (1969), the governor requested an advisory opinion on whether a proposed bill 2015“But,” ... “if they are so mutually connected with and dependent on each other, as conditions, considerations, or compensations for each other as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional, or connected must fall with them.” ...’” In Opinion of the Justices No. 197, 284 Ala. 626 , 227 So.2d 396 (1969), the governor requested an advisory opinion on whether a proposed bill | 1 | 2015–2015 |
Matter of Am. Ins. Co (Messinger)
green
1 sentence2000Co. v. Messinger, 43 N.Y.2s 184, 189-90, 40 N.Y.S.2d 36 , 371 N.E.2d 798 , 801 (1977) ("doctrines of [res judicata and collateral estoppel] apply as well to awards in arbitration as they do to adjudications in judicial proceedings"); Manu-Tronics, Inc. v. Effective Management Sys., Inc., 163 Wis.2d 304 , 311 , 471 N.W.2d 263 , 266 (Wis.App. 1991) ("Essential to arbitration remaining useful is the elementary principle that the doctrines of res judicata and collateral are applicable to arbitration awards"); Restatement (Second) of Judgments § 84(1) (1982) ("a valid and final award by arbitration | 1 | 2000–2000 |
Ake v. Oklahoma
green
1 sentence1993This elementary principle, grounded in significant part on the Fourteenth Amendment's due process guarantee of fundamental fairness, derives from the benefit that justice cannot be equal where, simply as a result of his poverty, a defendant is denied the opportunity to participate meaningfully in a judicial proceeding in which his liberty is at stake." Ake v. Oklahoma, 470 U.S. at 76 . | 1 | 1993–1993 |
Pearce v. Third Ave. Improvement Co.
green
2 sentences1992This elementary rule applies with equal force where one of the parties is under a disability, as in the case of a married woman without the joinder of her husband.” Id., 221 Ala. at 212 , 128 So. at 398 . 1992This elementary rule applies with equal force where one of the parties is under a disability, as in the case of a married woman without the joinder of her husband.” Id., 221 Ala. at 212 , 128 So. at 398 . | 1 | 1992–1992 |
| Harrell v. Dodson green | 1 | 1988–1988 |
| Morse v. Bellows green | 1 | 1987–1987 |
| Sheffield Furnace Co. v. Hull Coal & Coke Co. green | 1 | 1987–1987 |
| Todd v. . Weber green | 1 | 1987–1987 |
| Donley v. City of Mountain Brook green | 1 | 1986–1986 |
| Ex Parte Donley green | 1 | 1986–1986 |
| Smith v. State green | 1 | 1982–1982 |
| Airhart v. State green | 1 | 1981–1981 |
| Airhart v. State green | 1 | 1981–1981 |
| Goldberg v. Kelly green | 1 | 1980–1980 |
| Harris v. Swanson & Bro. green | 1 | 1972–1972 |
| Holder v. Elmwood Corporation green | 1 | 1972–1972 |
| Garner v. State green | 1 | 1970–1970 |
| Williams v. State green | 1 | 1970–1970 |
| Flournoy v. State neutral | 1 | 1963–1963 |
| Bullard v. State green | 1 | 1963–1963 |
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.