5 Alabama opinions name it 1 courts 1981–2000 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 |
|---|---|---|
Wilbanks v. Stategreen2 sentences1981See, In Re Wilbanks v. State , 289 Ala. 171 , 266 So.2d 632 (1972). 2 It is not necessary to a determination of the issue here presented to discuss the distinction between "appeals" and "original writs," but, this Court, in construing Section 140 of the 1901 Constitution, which contains language similar to that in Amendment 328, Section 6.03 (d), opined: This court has previously construed the meaning of the words "superintendence and control" as used in former Constitutions, and we must assume that, when they were brought forward into section 140 of the present Constitution, they were used an 1981See, In Re Wilbanks v. State , 289 Ala. 171 , 266 So.2d 632 (1972). 2 It is not necessary to a determination of the issue here presented to discuss the distinction between "appeals" and "original writs," but, this Court, in construing Section 140 of the 1901 Constitution, which contains language similar to that in Amendment 328, Section 6.03 (d), opined: This court has previously construed the meaning of the words "superintendence and control" as used in former Constitutions, and we must assume that, when they were brought forward into section 140 of the present Constitution, they were used an | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Smith v. State
neutral
2 sentences1981Smith v. State , 23 Ala. App. 488 , 128 So. 358 (1930). 1981Smith v. State , 23 Ala. App. 488 , 128 So. 358 (1930). | 2 | 1981–1981 |
Colonial Bank v. Ridley & Schweigert
green
2 sentences2000We must conclude that the evidence does not create a genuine issue of material fact as to whether Pugh owed Fisher a duty. "[B]ecause liability for negligence and wantonness is predicated upon the existence of a duty," Colonial Bank of Alabama , 551 So.2d at 395 (citing Lynn Strickland Sales Service, Inc. v. Aero-Lane Fabricators, Inc. , 510 So.2d 142 (Ala. 1987)), the trial court correctly granted Pugh's motion for summary judgment. 2000We must conclude that the evidence does not create a genuine issue of material fact as to whether Pugh owed Fisher a duty. "[B]ecause liability for negligence and wantonness is predicated upon the existence of a duty," Colonial Bank of Alabama, 551 So.2d at 395 (citing Lynn Strickland Sales & Service, Inc. v. Aero-Lane Fabricators, Inc., 510 So.2d 142 (Ala.1987)), the trial court correctly granted Pugh's motion for summary judgment. | 1 | 2000–2000 |
Lynn Strickland Sales & Serv., Inc. v. AERO-LANE FAB., INC.
green
2 sentences2000We must conclude that the evidence does not create a genuine issue of material fact as to whether Pugh owed Fisher a duty. "[B]ecause liability for negligence and wantonness is predicated upon the existence of a duty," Colonial Bank of Alabama , 551 So.2d at 395 (citing Lynn Strickland Sales Service, Inc. v. Aero-Lane Fabricators, Inc. , 510 So.2d 142 (Ala. 1987)), the trial court correctly granted Pugh's motion for summary judgment. 2000We must conclude that the evidence does not create a genuine issue of material fact as to whether Pugh owed Fisher a duty. "[B]ecause liability for negligence and wantonness is predicated upon the existence of a duty," Colonial Bank of Alabama, 551 So.2d at 395 (citing Lynn Strickland Sales & Service, Inc. v. Aero-Lane Fabricators, Inc., 510 So.2d 142 (Ala.1987)), the trial court correctly granted Pugh's motion for summary judgment. | 1 | 2000–2000 |
Sanders v. Vincent
green
1 sentence1992We have carefully studied the record in this case, and we conclude that Pugh’s summary judgment is due to be affirmed on the authority of Johnson v. Passmore, 581 So.2d 830 (Ala.1991); Hebert v. Greene County Housing Authority, 558 So.2d 926 (Ala.1990); and Sanders v. Vincent, 367 So.2d 943 (Ala.1978). | 1 | 1992–1992 |
Hebert v. Greene County Housing Authority
neutral
1 sentence1992We have carefully studied the record in this case, and we conclude that Pugh’s summary judgment is due to be affirmed on the authority of Johnson v. Passmore, 581 So.2d 830 (Ala.1991); Hebert v. Greene County Housing Authority, 558 So.2d 926 (Ala.1990); and Sanders v. Vincent, 367 So.2d 943 (Ala.1978). | 1 | 1992–1992 |
Johnson v. Passmore
green
1 sentence1992We have carefully studied the record in this case, and we conclude that Pugh’s summary judgment is due to be affirmed on the authority of Johnson v. Passmore, 581 So.2d 830 (Ala.1991); Hebert v. Greene County Housing Authority, 558 So.2d 926 (Ala.1990); and Sanders v. Vincent, 367 So.2d 943 (Ala.1978). | 1 | 1992–1992 |
Delatte v. Woods
green
1 sentence1984Delatte v. Woods , 232 La. at 358 , 94 So.2d at 288. 5 Lessors stipulated that the shut-in royalty payment, and all other payments made by lessee, were made in a timely fashion and in accordance with the terms and conditions of the subject lease. 6 Lessors concede that the lease remains in full force and effect as to those parts of the leased acreage within the unit established by the Board. 7 A Pugh clause. | 1 | 1984–1984 |
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.