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5 Alabama opinions name it 4 courts 1957–1997 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 |
|---|---|---|
Companion Life Ins. Co. v. Whitesell Mfg., Inc.green2 sentences1997In Companion Life Insurance Co. v. Whitesell Manufacturing, Inc. , 670 So.2d 897 , 899 (Ala. 1995), this Court held that the trial court did not abuse its discretion in denying Companion's motion to compel arbitration. 1997In Companion Life Insurance Co. v. Whitesell Manufacturing, Inc., 670 So.2d 897, 899 (Ala.1995), this Court held that the trial court did not abuse its discretion in denying Companion’s motion to compel arbitration. | 2 | 2 |
Cook v. Sweattgreen2 sentences1994See Cook v. Sweatt , 282 Ala. 177 , 209 So.2d 891 (1968). 1994See Cook v. Sweatt , 282 Ala. 177 , 209 So.2d 891 (1968). | 1 | 1 |
Ward v. Stategreen2 sentences1989See Clark v. State , 294 Ala. 493 , 496 , 318 So.2d 822 , cert. denied, 423 U.S. 937 , 96 S.Ct. 298 , 46 L.Ed.2d 270 (1975), and Ward v. State , 281 Ala. 650 , 206 So.2d 922 (1967), rejecting the comment of the intermediate appellate court in Ward v. State , 44 Ala. App. 229 , 253 , 206 So.2d 897 (1966), cert. denied, 281 Ala. 650 , 206 So.2d 922 (1967), that "our Supreme Court has avulsed the mandatory 'shall have the right' . . . into a mere precatory adjuration to the humane instincts of the trial judge." We hold that, where the State's case consists primarily of police testimony and that t 1989See Clark v. State , 294 Ala. 493 , 496 , 318 So.2d 822 , cert. denied, 423 U.S. 937 , 96 S.Ct. 298 , 46 L.Ed.2d 270 (1975), and Ward v. State , 281 Ala. 650 , 206 So.2d 922 (1967), rejecting the comment of the intermediate appellate court in Ward v. State , 44 Ala. App. 229 , 253 , 206 So.2d 897 (1966), cert. denied, 281 Ala. 650 , 206 So.2d 922 (1967), that "our Supreme Court has avulsed the mandatory 'shall have the right' . . . into a mere precatory adjuration to the humane instincts of the trial judge." We hold that, where the State's case consists primarily of police testimony and that t | 1 | 1 |
Ward v. Stategreen2 sentences1989See Clark v. State , 294 Ala. 493 , 496 , 318 So.2d 822 , cert. denied, 423 U.S. 937 , 96 S.Ct. 298 , 46 L.Ed.2d 270 (1975), and Ward v. State , 281 Ala. 650 , 206 So.2d 922 (1967), rejecting the comment of the intermediate appellate court in Ward v. State , 44 Ala. App. 229 , 253 , 206 So.2d 897 (1966), cert. denied, 281 Ala. 650 , 206 So.2d 922 (1967), that "our Supreme Court has avulsed the mandatory 'shall have the right' . . . into a mere precatory adjuration to the humane instincts of the trial judge." We hold that, where the State's case consists primarily of police testimony and that t 1989See Clark v. State , 294 Ala. 493 , 496 , 318 So.2d 822 , cert. denied, 423 U.S. 937 , 96 S.Ct. 298 , 46 L.Ed.2d 270 (1975), and Ward v. State , 281 Ala. 650 , 206 So.2d 922 (1967), rejecting the comment of the intermediate appellate court in Ward v. State , 44 Ala. App. 229 , 253 , 206 So.2d 897 (1966), cert. denied, 281 Ala. 650 , 206 So.2d 922 (1967), that "our Supreme Court has avulsed the mandatory 'shall have the right' . . . into a mere precatory adjuration to the humane instincts of the trial judge." We hold that, where the State's case consists primarily of police testimony and that t | 1 | 1 |
Clark v. Stategreen2 sentences1989See Clark v. State , 294 Ala. 493 , 496 , 318 So.2d 822 , cert. denied, 423 U.S. 937 , 96 S.Ct. 298 , 46 L.Ed.2d 270 (1975), and Ward v. State , 281 Ala. 650 , 206 So.2d 922 (1967), rejecting the comment of the intermediate appellate court in Ward v. State , 44 Ala. App. 229 , 253 , 206 So.2d 897 (1966), cert. denied, 281 Ala. 650 , 206 So.2d 922 (1967), that "our Supreme Court has avulsed the mandatory 'shall have the right' . . . into a mere precatory adjuration to the humane instincts of the trial judge." We hold that, where the State's case consists primarily of police testimony and that t 1989See Clark v. State , 294 Ala. 493 , 496 , 318 So.2d 822 , cert. denied, 423 U.S. 937 , 96 S.Ct. 298 , 46 L.Ed.2d 270 (1975), and Ward v. State , 281 Ala. 650 , 206 So.2d 922 (1967), rejecting the comment of the intermediate appellate court in Ward v. State , 44 Ala. App. 229 , 253 , 206 So.2d 897 (1966), cert. denied, 281 Ala. 650 , 206 So.2d 922 (1967), that "our Supreme Court has avulsed the mandatory 'shall have the right' . . . into a mere precatory adjuration to the humane instincts of the trial judge." We hold that, where the State's case consists primarily of police testimony and that t | 1 | 1 |
Aldridge v. Ludwig-Honold Manufacturing Co.green1 sentence1989See Clark v. State , 294 Ala. 493 , 496 , 318 So.2d 822 , cert. denied, 423 U.S. 937 , 96 S.Ct. 298 , 46 L.Ed.2d 270 (1975), and Ward v. State , 281 Ala. 650 , 206 So.2d 922 (1967), rejecting the comment of the intermediate appellate court in Ward v. State , 44 Ala. App. 229 , 253 , 206 So.2d 897 (1966), cert. denied, 281 Ala. 650 , 206 So.2d 922 (1967), that "our Supreme Court has avulsed the mandatory 'shall have the right' . . . into a mere precatory adjuration to the humane instincts of the trial judge." We hold that, where the State's case consists primarily of police testimony and that t | 1 | 1 |
Lloyd v. Vincentgreen1 sentence1989See Clark v. State , 294 Ala. 493 , 496 , 318 So.2d 822 , cert. denied, 423 U.S. 937 , 96 S.Ct. 298 , 46 L.Ed.2d 270 (1975), and Ward v. State , 281 Ala. 650 , 206 So.2d 922 (1967), rejecting the comment of the intermediate appellate court in Ward v. State , 44 Ala. App. 229 , 253 , 206 So.2d 897 (1966), cert. denied, 281 Ala. 650 , 206 So.2d 922 (1967), that "our Supreme Court has avulsed the mandatory 'shall have the right' . . . into a mere precatory adjuration to the humane instincts of the trial judge." We hold that, where the State's case consists primarily of police testimony and that t | 1 | 1 |
Scillion v. Cowangreen1 sentence1989See Clark v. State , 294 Ala. 493 , 496 , 318 So.2d 822 , cert. denied, 423 U.S. 937 , 96 S.Ct. 298 , 46 L.Ed.2d 270 (1975), and Ward v. State , 281 Ala. 650 , 206 So.2d 922 (1967), rejecting the comment of the intermediate appellate court in Ward v. State , 44 Ala. App. 229 , 253 , 206 So.2d 897 (1966), cert. denied, 281 Ala. 650 , 206 So.2d 922 (1967), that "our Supreme Court has avulsed the mandatory 'shall have the right' . . . into a mere precatory adjuration to the humane instincts of the trial judge." We hold that, where the State's case consists primarily of police testimony and that t | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bryant v. State
green
1 sentence1957Under the rule of mitigation, as a companion to the doctrine of saving of expenses, there is also the further principle as to avoidable consequences as set forth in the Restatement, Contracts, § 336: “(1) Damages are not recoverable for harm that the plaintiff could have foreseen and could have avoided by reasonable effort without undue risk, expense or humiliation.” Dickerson v. Finley, 158 Ala. 149 , 48 So. 548 . | 1 | 1957–1957 |
Dickerson v. Finley
neutral
1 sentence1957Under the rule of mitigation, as a companion to the doctrine of saving of expenses, there is also the further principle as to avoidable consequences as set forth in the Restatement, Contracts, § 336: “(1) Damages are not recoverable for harm that the plaintiff could have foreseen and could have avoided by reasonable effort without undue risk, expense or humiliation.” Dickerson v. Finley, 158 Ala. 149 , 48 So. 548 . | 1 | 1957–1957 |
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.