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6 Alabama opinions name it 2 courts 1931–2016 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 |
|---|---|---|
Cook's Pest Control, Inc. v. Boykingreen1 sentence2016As a well recognized general rule, “a nonsignatory to an arbitration agreement cannot be forced to arbitrate her claims.” Cook’s Pest Control, Inc. v. Boykin, 807 So.2d 524, 526 (Ala.2001). | 1 | 1 |
Housing Authority of Birmingham Dist. v. Morrisgreen2 sentences1988The strong policy arguments against such agreements were stated in Housing Authority of Birmingham District v. Morris , 244 Ala. 557 , 563 , 14 So.2d 527 , 531 (1943): "[I]t is a well recognized general principle, founded on human experience, that, 'Agreements exempting persons from liability for negligence induce a want of care, for the highest incentives to the exercise of due care rest in consciousness that a failure in this respect will fix liability to make full compensation for any injury resulting from the cause. 1988The strong policy arguments against such agreements were stated in Housing Authority of Birmingham District v. Morris , 244 Ala. 557 , 563 , 14 So.2d 527 , 531 (1943): "[I]t is a well recognized general principle, founded on human experience, that, 'Agreements exempting persons from liability for negligence induce a want of care, for the highest incentives to the exercise of due care rest in consciousness that a failure in this respect will fix liability to make full compensation for any injury resulting from the cause. | 1 | 1 |
Ex parte Doakgreen1 sentence1931Deason v. Gray, Sheriff, 189 Ala. 672 , 66 So. 64 6; Union Indemnity Co. v. Webster, 218 Ala. 469 , 118 So. 794 ; McKee v. Griffin, 66 Ala. 211 ; Kelly v. Moore, 51 Ala. 364 ; Coleman v. Ormond, 60 Ala. 328 ; McElhaney v. Gilleland, 30 Ala. 183 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Smoot v. Ryan
green
2 sentences1958The well recognized general rule as to contracts of infants was expressed in the court’s opinion in Smoot v. Ryan, 187 Ala. 396 , 65 So. 828, 830 , as follows: “It is the privilege of the minor only to disaffirm the sale or contract, and, until he does so, the other party is bound by it. 1958The well recognized general rule as to contracts of infants was expressed in the court’s opinion in Smoot v. Ryan, 187 Ala. 396 , 65 So. 828, 830 , as follows: “It is the privilege of the minor only to disaffirm the sale or contract, and, until he does so, the other party is bound by it. | 1 | 1958–1958 |
Southern Express Co. v. Owens
green
2 sentences1943It has therefore been declared to be a good doctrine that no person may contract against his own negligence. * * 12 Am.Juris. p. 683, § 183; Southern Express Co. v. Owens, 146 Ala. 412 , 41 So. 752 , 8 L.R.A.,N.S., 369, 119 Am.St.Rep. 41 , 9 Ann.Cas. 1143. 1943It has therefore been declared to be a good doctrine that no person may contract against his own negligence. * * 12 Am.Juris. p. 683, § 183; Southern Express Co. v. Owens, 146 Ala. 412 , 41 So. 752 , 8 L.R.A.,N.S., 369, 119 Am.St.Rep. 41 , 9 Ann.Cas. 1143. | 1 | 1943–1943 |
Junkins v. Lovelace
neutral
1 sentence1943The recognized general rule is stated in Junkins v. Lovelace, 72 Ala. 303 , by Mr. Justice Stone, to the effect that if the parol agreement is to allow redemption of land after the expiration of the statutory period, it is within the statute of frauds, and such is the effect, regardless of the fact of whether the agreement was made before or after the expiration of the statutory period. | 1 | 1943–1943 |
Deason v. Gray
neutral
1 sentence1931Deason v. Gray, Sheriff, 189 Ala. 672 , 66 So. 64 6; Union Indemnity Co. v. Webster, 218 Ala. 469 , 118 So. 794 ; McKee v. Griffin, 66 Ala. 211 ; Kelly v. Moore, 51 Ala. 364 ; Coleman v. Ormond, 60 Ala. 328 ; McElhaney v. Gilleland, 30 Ala. 183 . | 1 | 1931–1931 |
McElhaney v. Gilleland
green
1 sentence1931Deason v. Gray, Sheriff, 189 Ala. 672 , 66 So. 64 6; Union Indemnity Co. v. Webster, 218 Ala. 469 , 118 So. 794 ; McKee v. Griffin, 66 Ala. 211 ; Kelly v. Moore, 51 Ala. 364 ; Coleman v. Ormond, 60 Ala. 328 ; McElhaney v. Gilleland, 30 Ala. 183 . | 1 | 1931–1931 |
Kelly v. Moore
neutral
1 sentence1931Deason v. Gray, Sheriff, 189 Ala. 672 , 66 So. 64 6; Union Indemnity Co. v. Webster, 218 Ala. 469 , 118 So. 794 ; McKee v. Griffin, 66 Ala. 211 ; Kelly v. Moore, 51 Ala. 364 ; Coleman v. Ormond, 60 Ala. 328 ; McElhaney v. Gilleland, 30 Ala. 183 . | 1 | 1931–1931 |
Coleman v. Ormond
neutral
1 sentence1931Deason v. Gray, Sheriff, 189 Ala. 672 , 66 So. 64 6; Union Indemnity Co. v. Webster, 218 Ala. 469 , 118 So. 794 ; McKee v. Griffin, 66 Ala. 211 ; Kelly v. Moore, 51 Ala. 364 ; Coleman v. Ormond, 60 Ala. 328 ; McElhaney v. Gilleland, 30 Ala. 183 . | 1 | 1931–1931 |
McKee v. Griffin
neutral
1 sentence1931Deason v. Gray, Sheriff, 189 Ala. 672 , 66 So. 64 6; Union Indemnity Co. v. Webster, 218 Ala. 469 , 118 So. 794 ; McKee v. Griffin, 66 Ala. 211 ; Kelly v. Moore, 51 Ala. 364 ; Coleman v. Ormond, 60 Ala. 328 ; McElhaney v. Gilleland, 30 Ala. 183 . | 1 | 1931–1931 |
Union Indemnity Co. v. Webster
green
1 sentence1931Deason v. Gray, Sheriff, 189 Ala. 672 , 66 So. 64 6; Union Indemnity Co. v. Webster, 218 Ala. 469 , 118 So. 794 ; McKee v. Griffin, 66 Ala. 211 ; Kelly v. Moore, 51 Ala. 364 ; Coleman v. Ormond, 60 Ala. 328 ; McElhaney v. Gilleland, 30 Ala. 183 . | 1 | 1931–1931 |
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.