party asserting an affirmative defense (Alabama) · Go Syfert
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party asserting an affirmative defense in Alabama

5 Alabama opinions name it 2 courts 1999–2016 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.

Followed or applied (2)

CaseFollowedCited
Sealy v. McElroygreen
ala · 1972 · cited in 2 Alabama opinions naming this issue, 2016–2016
2 sentences

2016Rather, during the ore tenus hearing, the parties argued only the issue whether the trial court should consider the evidence pertaining to the husband's claim seeking a modification of periodic alimony dating back to when the April 1, 2004, divorce judgment was entered or to when the March 5, 2014, judgment on the husband's last modification action was entered. "[Our supreme court has] said that a case will not be reviewed ... on a theory different from that on which the trial was had." *1195 Sealy v. McElroy , 288 Ala. 93 , 98, 257 So.2d 340 , 344 (1972).

2016Rather, during the ore tenus hearing, the parties argued only the issue whether the trial court should consider the evidence pertaining to the husband's claim seeking a modification of periodic alimony dating back to when the April 1, 2004, divorce judgment was entered or to when the March 5, 2014, judgment on the husband's last modification action was entered. "[Our supreme court has] said that a case will not be reviewed ... on a theory different from that on which the trial was had." *1195 Sealy v. McElroy , 288 Ala. 93 , 98, 257 So.2d 340 , 344 (1972).

22
Stewart v. Brinleygreen
ala · 2004 · cited in 1 Alabama opinions naming this issue, 2006–2006
1 sentence

2006Ex parte Ramsay, 829 So.2d 146 (Ala. 2002)." Stewart v. Brinley, 902 So.2d 1, 11 (Ala.2004).

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
Ex Parte Ramsay green
ala · 2002
2 sentences

2016A party asserting an affirmative defense "'bears the burden of proving the essential elements of his affirmative defenses.'" Ex parte Ramsay , 829 So.2d 146 , 152 (Ala. 2002) (quoting Ex parte Blue Cross & Blue Shield of Alabama , 773 So.2d 475 , 478 (Ala. 2000) ).

2016A party asserting an affirmative defense "'bears the burden of proving the essential elements of his affirmative defenses.'" Ex parte Ramsay , 829 So.2d 146 , 152 (Ala. 2002) (quoting Ex parte Blue Cross & Blue Shield of Alabama , 773 So.2d 475 , 478 (Ala. 2000) ).

42004–2016
Ex Parte Blue Cross and Blue Shield of Al. green
ala · 2000
2 sentences

2016A party asserting an affirmative defense "'bears the burden of proving the essential elements of his affirmative defenses.'" Ex parte Ramsay , 829 So.2d 146 , 152 (Ala. 2002) (quoting Ex parte Blue Cross & Blue Shield of Alabama , 773 So.2d 475 , 478 (Ala. 2000) ).

2016A party asserting an affirmative defense "'bears the burden of proving the essential elements of his affirmative defenses.'" Ex parte Ramsay , 829 So.2d 146 , 152 (Ala. 2002) (quoting Ex parte Blue Cross & Blue Shield of Alabama , 773 So.2d 475 , 478 (Ala. 2000) ).

22016–2016
Earman Oil Company, Inc. And Courtesy House, Inc., Florida Corporations v. Burroughs Corporation, a Michigan Corporation green
ca5 · 1980
1 sentence

1999Earmon , 625 F.2d at 1299 ; Alabama Pattern Jury Instructions (Civil) 8.01 (2d ed. 1993).

11999–1999

Where else courts name it

TX 66 (1949–2026) LA 11 (1981–2016) MI 9 (1989–2026) MO 5 (2005–2023) NM 5 (1994–2024) AL 5 (1999–2016) NY 4 (1980–1983) ND 4 (1999–2020) NH 2 (1985–2004) DE 2 (2025–2025) WA 2 (2017–2018) OH 2 (2024–2024) SC 2 (2006–2017) TN 2 (2004–2020)

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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