has followed rule (Alabama) · Go Syfert
← Alabama issues

has followed rule in Alabama

6 Alabama opinions name it 2 courts 1911–2005 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 (4)

CaseFollowedCited
Knotts v. Stategreen
alacrimapp · 1995 · cited in 2 Alabama opinions naming this issue, 1996–1997
2 sentences

1997See, e.g., Knotts v. State , 686 So.2d 431 (Ala.Cr.App. 1995).

1996See, e.g., Knotts v. State, 686 So.2d 431 (Ala. *1335 Cr.App.1995).

22
Ex Parte Deramusgreen
ala · 2002 · cited in 1 Alabama opinions naming this issue, 2005–2005
2 sentences

2005Reversing the judgment of the Court of Criminal Appeals in Ex parte Deramus , 882 So.2d 875 , 877 (Ala. 2002), this Court unanimously held that "[t]he Court of Criminal Appeals has generally construed petitions from inmates acting pro se liberally, and has generally treated a mislabeled petition for a writ of habeas corpus when the relief requested could be sought only by a petition for a writ of habeas corpus." Nor is this rule of liberal construction limited to criminal cases.

2005Reversing the judgment of the Court of Criminal Appeals in Ex parte Deramus, 882 So.2d 875, 877 (Ala.2002), this Court unanimously held that "[t]he Court of Criminal Appeals has generally construed petitions from inmates acting pro se liberally, and has generally treated a mislabeled petition for a writ of habeas corpus when the relief requested could be sought only by a petition for a writ of habeas corpus." Nor is this rule of liberal construction limited to criminal cases.

11
Brown v. Woolvertongreen
ala · 1928 · cited in 1 Alabama opinions naming this issue, 1986–1986
2 sentences

1986The Court will not grant the motion to strike for cause and sustain the objection to the striking for cause of Mrs. Douglas, especially in the light of her statement that it would not influence her and that she could be selected as a juror and render a fair and just verdict based solely on the evidence in the case." With respect to challenges for cause, this Court has followed the rule stated in Brown v. Woolverton, 219 Ala. 112, 115 , 121 So. 404, 406 (1928): "To justify a challenge for principal cause there must be a statutory ground, or some matter which imports absolute bias or favor, and

1986The Court will not grant the motion to strike for cause and sustain the objection to the striking for cause of Mrs. Douglas, especially in the light of her statement that it would not influence her and that she could be selected as a juror and render a fair and just verdict based solely on the evidence in the case." With respect to challenges for cause, this Court has followed the rule stated in Brown v. Woolverton, 219 Ala. 112, 115 , 121 So. 404, 406 (1928): "To justify a challenge for principal cause there must be a statutory ground, or some matter which imports absolute bias or favor, and

11
Conley v. Gibsonred
scotus · 1957 · cited in 1 Alabama opinions naming this issue, 1977–1977
2 sentences

1977In appraising the sufficiency of the complaint we follow, of course, the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. . . ." ( 355 U.S. at 45 , 46 , 78 S.Ct. at 102.) This court has followed this rule in a number of cases.

1977In appraising the sufficiency of the complaint we follow, of course, the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. . . ." ( 355 U.S. at 45 , 46 , 78 S.Ct. at 102.) This court has followed this rule in a number of cases.

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 (1)

CaseCitedYears
Exchange National Bank v. Clement green
ala · 1895
1 sentence

1911But since the decision in Bank of Spokane v. Clement, 109 Ala. 270 , 19 South. 814 , this court has followed the doctrine of the Supreme Court of the United States, which is that attachment proceedings, where the defendant is not brought in by personal service or fails to appear generally in defense, partake of the nature of proceedings in rem, and in such case the court is without jurisdiction to render a judgment of binding effect in personam, but may proceed only to a judgment condemning the property levied upon to the satisfaction of the plaintiff’s demand, which, for that purpose only, is

11911–1911

Where else courts name it

OK 14 (1922–1970) MS 10 (1962–2017) PA 8 (1898–2000) MI 8 (1901–2020) WA 7 (1906–1995) IL 7 (1921–2000) MT 7 (1976–2009) ID 6 (1912–2014) KY 6 (1900–2018) AZ 6 (1962–1990) OR 6 (1944–1996) AL 6 (1911–2005) OH 6 (2006–2022) ND 6 (1950–2008) MO 5 (1891–2011) TN 5 (1927–1994) WI 4 (1956–1981) NE 4 (1929–1980) GA 4 (1977–1997) SD 4 (1932–1984) TX 3 (1954–1987) WY 3 (1978–2000) NY 3 (1934–2007) WV 3 (1909–1950) FL 3 (1964–1988) NC 2 (2011–2015) IN 2 (1955–1971) DC 2 (1970–1986) KS 2 (1896–1967) CT 2 (1949–1988) CO 2 (1960–1992) IA 2 (1935–1979) AR 2 (1987–2010) MN 2 (1934–1954) MD 2 (1900–2013)

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.

← Caselaw search · G Cite Topics · Brief Check