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6 Alabama opinions name it 2 courts 1916–1986 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 |
|---|---|---|
United States v. Earl Lee Tuckergreen1 sentence1986See United States v. Tucker , supra. We conclude that the trial court committed reversible error in accepting appellant's guilty plea without a judicial finding of an adequate factual basis for appellant's guilt, and had appellant timely appealed his conviction, we would have been compelled to reverse. | 1 | 1 |
Lockett v. Ohiogreen2 sentences1982Smith v. Balkcom , 660 F.2d 573 (5th Cir. 1981), modified at 671 F.2d 858 (5th Cir. 1982), cert. pending , (June 26, 1982); see also Lockett v. Ohio , 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978). 1982Smith v. Balkcom , 660 F.2d 573 (5th Cir. 1981), modified at 671 F.2d 858 (5th Cir. 1982), cert. pending , (June 26, 1982); see also Lockett v. Ohio , 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978). | 1 | 1 |
Hendley v. First Nat. Bank of Huntsvillegreen2 sentences1960See Eatman v. Goodson, supra. We have often stated that “the basic principle of prescription is not the mere lapse of time, but the lapse of time within which no recognition of a subsisting and continuing right or obligation appears.” Hendley v. First National Bank of Huntsville, 234 Ala. 535 , 176 So. 348, 349 , Id., 235 Ala. 664 , 180 So. 667 ; Eatman v. Goodson, supra. Appellant asseverates that Braun v. Pettyjohn, 176 Ala. 592 , 58 So. 907 , sustains his contention that the 1935 re-recording of the articles of incorporation of J. 1960See Eatman v. Goodson, supra. We have often stated that “the basic principle of prescription is not the mere lapse of time, but the lapse of time within which no recognition of a subsisting and continuing right or obligation appears.” Hendley v. First National Bank of Huntsville, 234 Ala. 535 , 176 So. 348, 349 , Id., 235 Ala. 664 , 180 So. 667 ; Eatman v. Goodson, supra. Appellant asseverates that Braun v. Pettyjohn, 176 Ala. 592 , 58 So. 907 , sustains his contention that the 1935 re-recording of the articles of incorporation of J. | 1 | 1 |
Hendley v. First Nat. Bank of Huntsvillegreen2 sentences1960See Eatman v. Goodson, supra. We have often stated that “the basic principle of prescription is not the mere lapse of time, but the lapse of time within which no recognition of a subsisting and continuing right or obligation appears.” Hendley v. First National Bank of Huntsville, 234 Ala. 535 , 176 So. 348, 349 , Id., 235 Ala. 664 , 180 So. 667 ; Eatman v. Goodson, supra. Appellant asseverates that Braun v. Pettyjohn, 176 Ala. 592 , 58 So. 907 , sustains his contention that the 1935 re-recording of the articles of incorporation of J. 1960See Eatman v. Goodson, supra. We have often stated that “the basic principle of prescription is not the mere lapse of time, but the lapse of time within which no recognition of a subsisting and continuing right or obligation appears.” Hendley v. First National Bank of Huntsville, 234 Ala. 535 , 176 So. 348, 349 , Id., 235 Ala. 664 , 180 So. 667 ; Eatman v. Goodson, supra. Appellant asseverates that Braun v. Pettyjohn, 176 Ala. 592 , 58 So. 907 , sustains his contention that the 1935 re-recording of the articles of incorporation of J. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Burleson v. Mays
green
2 sentences1955Burleson v. Mays, 189 Ala. 107, 111 , 66 So. 36 . 1916The surrender of a mere assertion of claim, or the withdrawal of a threat to sue, when the claim is without legal merit, whether its legal validity is known or not, will not uphold a release, or agreement of compromise.’ ‘When a claim is absolutely and clearly unsustainable, at law or in equity, its compromise constitutes no sufficient legal consideration.’ ” —Russell v. Wright, 98 Ala. 652 , 13 South. 594 ; Ernst Bros. v. Hollis, 86 Ala. 513 , 6 South. 85 ; Thompson v. Hudgins, 116 Ala. 93 , 22 South. 632 ; Crawford v. Engram, 157 Ala. 314 , 47 South. 712 ; Burleson v. Mays, 189 Ala. 111 , 66 | 2 | 1916–1955 |
Russell v. Wright
neutral
2 sentences1955And that “ ‘ “The surrender of a mere assertion of claim, or the withdrawal of a threat to sue, when the claim is without legal merit, whether its legal validity is known or not, will not uphold a release, or agreement of compromise.” [And] “When a claim is absolutely and clearly unsustainable, at law or in equity, its compromise constitutes no sufficient legal consideration.” ' ” The complaint there, to which the demurrer was sustained, was patently insufficient in that respect, The same thought, variously expressed, is given effect in many of our cases, as that there must be a bona fide clai 1916The surrender of a mere assertion of claim, or the withdrawal of a threat to sue, when the claim is without legal merit, whether its legal validity is known or not, will not uphold a release, or agreement of compromise.’ ‘When a claim is absolutely and clearly unsustainable, at law or in equity, its compromise constitutes no sufficient legal consideration.’ ” —Russell v. Wright, 98 Ala. 652 , 13 South. 594 ; Ernst Bros. v. Hollis, 86 Ala. 513 , 6 South. 85 ; Thompson v. Hudgins, 116 Ala. 93 , 22 South. 632 ; Crawford v. Engram, 157 Ala. 314 , 47 South. 712 ; Burleson v. Mays, 189 Ala. 111 , 66 | 2 | 1916–1955 |
John Eldon Smith, or Anthony Isalldo MacHetti v. Charles Balkcom, Warden, Georgia State Prison
green
1 sentence1982Smith v. Balkcom , 660 F.2d 573 (5th Cir. 1981), modified at 671 F.2d 858 (5th Cir. 1982), cert. pending , (June 26, 1982); see also Lockett v. Ohio , 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978). | 1 | 1982–1982 |
John Eldon Smith, or Anthony Isalldo MacHetti v. Charles Balkcom, Warden, Georgia State Prison
green
1 sentence1982Smith v. Balkcom , 660 F.2d 573 (5th Cir. 1981), modified at 671 F.2d 858 (5th Cir. 1982), cert. pending , (June 26, 1982); see also Lockett v. Ohio , 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978). | 1 | 1982–1982 |
Braun v. Pettyjohn
green
2 sentences1960See Eatman v. Goodson, supra. We have often stated that “the basic principle of prescription is not the mere lapse of time, but the lapse of time within which no recognition of a subsisting and continuing right or obligation appears.” Hendley v. First National Bank of Huntsville, 234 Ala. 535 , 176 So. 348, 349 , Id., 235 Ala. 664 , 180 So. 667 ; Eatman v. Goodson, supra. Appellant asseverates that Braun v. Pettyjohn, 176 Ala. 592 , 58 So. 907 , sustains his contention that the 1935 re-recording of the articles of incorporation of J. 1960See Eatman v. Goodson, supra. We have often stated that “the basic principle of prescription is not the mere lapse of time, but the lapse of time within which no recognition of a subsisting and continuing right or obligation appears.” Hendley v. First National Bank of Huntsville, 234 Ala. 535 , 176 So. 348, 349 , Id., 235 Ala. 664 , 180 So. 667 ; Eatman v. Goodson, supra. Appellant asseverates that Braun v. Pettyjohn, 176 Ala. 592 , 58 So. 907 , sustains his contention that the 1935 re-recording of the articles of incorporation of J. | 1 | 1960–1960 |
Merrill v. Merrill
green
2 sentences1960Lack of notice is not sufficient to avert the application of the doctrine Merrill v. Merrill, 260 Ala. 408 , 71 So.2d 44 — as is the mere assertion of a claim insufficient to avert its application. 1960Lack of notice is not sufficient to avert the application of the doctrine Merrill v. Merrill, 260 Ala. 408 , 71 So.2d 44 — as is the mere assertion of a claim insufficient to avert its application. | 1 | 1960–1960 |
Ernst Bros. v. Hollis
neutral
1 sentence1955And that “ ‘ “The surrender of a mere assertion of claim, or the withdrawal of a threat to sue, when the claim is without legal merit, whether its legal validity is known or not, will not uphold a release, or agreement of compromise.” [And] “When a claim is absolutely and clearly unsustainable, at law or in equity, its compromise constitutes no sufficient legal consideration.” ' ” The complaint there, to which the demurrer was sustained, was patently insufficient in that respect, The same thought, variously expressed, is given effect in many of our cases, as that there must be a bona fide clai | 1 | 1955–1955 |
Ex Parte Southern Cotton Oil Co.
green
2 sentences1955And that “ ‘ “The surrender of a mere assertion of claim, or the withdrawal of a threat to sue, when the claim is without legal merit, whether its legal validity is known or not, will not uphold a release, or agreement of compromise.” [And] “When a claim is absolutely and clearly unsustainable, at law or in equity, its compromise constitutes no sufficient legal consideration.” ' ” The complaint there, to which the demurrer was sustained, was patently insufficient in that respect, The same thought, variously expressed, is given effect in many of our cases, as that there must be a bona fide clai 1955And that “ ‘ “The surrender of a mere assertion of claim, or the withdrawal of a threat to sue, when the claim is without legal merit, whether its legal validity is known or not, will not uphold a release, or agreement of compromise.” [And] “When a claim is absolutely and clearly unsustainable, at law or in equity, its compromise constitutes no sufficient legal consideration.” ' ” The complaint there, to which the demurrer was sustained, was patently insufficient in that respect, The same thought, variously expressed, is given effect in many of our cases, as that there must be a bona fide clai | 1 | 1955–1955 |
Phillips v. Smith
green
2 sentences1942Phillips et al. v. Smith, 214 Ala. 382 , 107 So. 841 . 1942Phillips et al. v. Smith, 214 Ala. 382 , 107 So. 841 . | 1 | 1942–1942 |
Crawford v. Engram
neutral
2 sentences1916The surrender of a mere assertion of claim, or the withdrawal of a threat to sue, when the claim is without legal merit, whether its legal validity is known or not, will not uphold a release, or agreement of compromise.’ ‘When a claim is absolutely and clearly unsustainable, at law or in equity, its compromise constitutes no sufficient legal consideration.’ ” —Russell v. Wright, 98 Ala. 652 , 13 South. 594 ; Ernst Bros. v. Hollis, 86 Ala. 513 , 6 South. 85 ; Thompson v. Hudgins, 116 Ala. 93 , 22 South. 632 ; Crawford v. Engram, 157 Ala. 314 , 47 South. 712 ; Burleson v. Mays, 189 Ala. 111 , 66 1916The surrender of a mere assertion of claim, or the withdrawal of a threat to sue, when the claim is without legal merit, whether its legal validity is known or not, will not uphold a release, or agreement of compromise.’ ‘When a claim is absolutely and clearly unsustainable, at law or in equity, its compromise constitutes no sufficient legal consideration.’ ” —Russell v. Wright, 98 Ala. 652 , 13 South. 594 ; Ernst Bros. v. Hollis, 86 Ala. 513 , 6 South. 85 ; Thompson v. Hudgins, 116 Ala. 93 , 22 South. 632 ; Crawford v. Engram, 157 Ala. 314 , 47 South. 712 ; Burleson v. Mays, 189 Ala. 111 , 66 | 1 | 1916–1916 |
Thompson v. Hudgins
neutral
1 sentence1916The surrender of a mere assertion of claim, or the withdrawal of a threat to sue, when the claim is without legal merit, whether its legal validity is known or not, will not uphold a release, or agreement of compromise.’ ‘When a claim is absolutely and clearly unsustainable, at law or in equity, its compromise constitutes no sufficient legal consideration.’ ” —Russell v. Wright, 98 Ala. 652 , 13 South. 594 ; Ernst Bros. v. Hollis, 86 Ala. 513 , 6 South. 85 ; Thompson v. Hudgins, 116 Ala. 93 , 22 South. 632 ; Crawford v. Engram, 157 Ala. 314 , 47 South. 712 ; Burleson v. Mays, 189 Ala. 111 , 66 | 1 | 1916–1916 |
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.