laches are acquiescence and lapse doctrine (Alabama) · Go Syfert
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laches are acquiescence and lapse doctrine in Alabama

5 Alabama opinions name it 2 courts 1953–2017 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
Roden v. Walkergreen
ala · 1988 · cited in 2 Alabama opinions naming this issue, 2008–2017
2 sentences

2017App. 2008) (quoting Roden v. Walker, 535 So.2d 130, 132 (Ala. 1988)).

2008As the father points out, some cases have stated that “the principal factors in determining whether to apply the doctrine of laches are acquiescence and lapse of time.” Roden v. Walker, 535 So.2d 130, 132 (Ala.1988).

22
L.B. Whitfield, III Family LLC v. Whitfieldgreen
ala · 2014 · cited in 1 Alabama opinions naming this issue, 2017–2017
1 sentence

2017Whitfield, III Family LLC v. Whitfield, 150 So.3d 171, 180-81 (Ala. 2014). “ ‘[T]he principal factors in determining whether to apply the doctrine of laches are acquiescence and lapse of time.’” Mills v. Dailey, 38 So.3d 731, 734 (Ala. Civ.

11
Mills v. Daileygreen
alacivapp · 2008 · cited in 1 Alabama opinions naming this issue, 2017–2017
1 sentence

2017Whitfield, III Family LLC v. Whitfield, 150 So.3d 171, 180-81 (Ala. 2014). “ ‘[T]he principal factors in determining whether to apply the doctrine of laches are acquiescence and lapse of time.’” Mills v. Dailey, 38 So.3d 731, 734 (Ala. Civ.

11
Dunn v. Poncelergreen
ala · 1937 · cited in 1 Alabama opinions naming this issue, 2008–2008
2 sentences

2008That is, “ ‘[m]ore specifically, [laches] is inexcusable delay in asserting a right; an implied waiver arising from knowledge of existing conditions and an acquiescence in them.’ ” Dunn v. Ponceler, 235 Ala. 269, 276 , 178 So. 40, 46 (1937) (quoting 21 Corpus Juris, pp. 210, 211).

2008That is, “ ‘[m]ore specifically, [laches] is inexcusable delay in asserting a right; an implied waiver arising from knowledge of existing conditions and an acquiescence in them.’ ” Dunn v. Ponceler, 235 Ala. 269, 276 , 178 So. 40, 46 (1937) (quoting 21 Corpus Juris, pp. 210, 211).

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 (2)

CaseCitedYears
Darden v. Meadows green
ala · 1953
2 sentences

1988In the case of Darden v. Meadows, 259 Ala. 676 , 68 So.2d 709 (1953), the Court held that one such circumstance is the intervening death of a witness: “The principal foundations of the doctrine of laches are acquiescence and lapse of time.

1988In the case of Darden v. Meadows, 259 Ala. 676 , 68 So.2d 709 (1953), the Court held that one such circumstance is the intervening death of a witness: “The principal foundations of the doctrine of laches are acquiescence and lapse of time.

21960–1988
Johnson v. Sandlin neutral
ala · 1923
2 sentences

1953Johnson v. Sandlin, 209 Ala. 430 , 96 So. 223 . * * * This rule is especially salutary in cases like this one where death has sealed the lips of the party against whom relief is sought.” The principal foundations of the doctrine of laches are acquiescence and lapse of time.

1953Johnson v. Sandlin, 209 Ala. 430 , 96 So. 223 . * * * This rule is especially salutary in cases like this one where death has sealed the lips of the party against whom relief is sought.” The principal foundations of the doctrine of laches are acquiescence and lapse of time.

11953–1953

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