Daniel exception (Alabama) · Go Syfert
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Daniel exception in Alabama

5 Alabama opinions name it 3 courts 1992–2025 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.

Followed or applied (2)

CaseFollowedCited
Cook v. Midland Funding, LLCgreen
alacivapp · 2016 · cited in 1 Alabama opinions naming this issue, 2025–2025
1 sentence

2025The Robersons respond as follows: "Alabama law has long held that a plaintiff, or in this case, counterclaim plaintiffs, 'are the master[s] of [their own] complaint.' Cook v. Midland Funding, LLC, 208 So. 3d 1153, 1158 (Ala. Civ.

11
Daniels v. Stategreen
ala · 1889 · cited in 1 Alabama opinions naming this issue, 2011–2011
1 sentence

2011See Daniels v. State, 88 Ala. 220 , 7 So. 337 (1890) (Daniel’s motion for new trial was properly denied following his conviction for carrying a concealed weapon, when the motion had alleged that one of the jurors was a first cousin the State’s witness who was in charge of the place where and when the pistol was said to have been exhibited.

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 (3)

CaseCitedYears
Hartigan v. Hartigan green
ala · 1961
1 sentence

2006In particular, Daniel relies on the following language from Hartigan : "`[I]f the parties admit or stipulate, or fail to object to the evidence of, the facts showing a lack of jurisdiction, it is then established that the judgment is void as effectively as though shown by the record, and whenever such fact is brought to the attention of the court, it is the duty of the court to so declare as a matter of law;'" 272 Ala. at 73 , 128 So.2d at 730 (quoting Freeman on Judgments § 375a).

12006–2006
Ashbee v. Cozart green
alacivapp · 1992
2 sentences

1999Ashbee v. Cozart , 611 So.2d 1103 (Ala.Civ.App. 1992).

1999Ashbee v. Cozart , 611 So.2d 1103 (Ala.Civ.App. 1992).

11999–1999
Ex Parte McLendon green
ala · 1984
1 sentence

1992Ex parte McLendon , 455 So.2d 863 (Ala. 1984).

11992–1992

Where else courts name it

CA 19 (1986–2026) IL 11 (1995–2024) GA 8 (2003–2017) FL 5 (1981–2018) AL 5 (1992–2025) NY 4 (1977–2014) TX 3 (1999–2014) ME 3 (2017–2017) LA 3 (1986–2025) OH 3 (2008–2016) NE 2 (2000–2018) WI 2 (2003–2015) KY 2 (2019–2020) IA 2 (1983–2016)

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.

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