Case law

Birmingham Fuel Co. v. Stocks

14 Ala. App. 136 · Alabama Court of Appeals · Apr 20, 1915

BROWN, J. (1) The case was submitted to the jury on the second count of the complaint, ascribing plaintiff’s injury to a defect in the ways, works, machinery, or plant of the defendant, averring the defect to be that “the … R. *138 Co. v. Landers, 135 Ala. 504 , 33 South. 482 ; Blalack v. Blacksher, 11 Ala.

Robinson v. State

5 Ala. App. 45 · Alabama Court of Appeals · Jun 19, 1912

. — Martin v. State, 104 Ala. 71 , 16 South. 82 ; Brock v. State, 26 Ala. 104 . … App. 131 , 57 South. 51 ; Griffin v. State, 90 Ala. 583 , 8 South. 812 ; Brown v. State, 46 Ala. 175 ; Smith v. State, 118 Ala. 117 , 24 South. 55 ; Gordon v. State, 140 Ala. 29 , 36 South. 1009 .

W. A. Handley Manufacturing Co. v. International Recording Co.

6 Ala. App. 219 · Alabama Court of Appeals · Nov 12, 1912

As was said by the Supreme Court of Alabama, in the case of Sampson v. Fox, 109 Ala. 662 , 19 South, 896 , 55 Am. St. … The affairs of corporate bodies are within the exclusive control of their boards of directors, from whom authority to dispose of their assets must be derived’.” See further, Stanley & Co. v.

Parnell v. Farmers' Bank & Trust Co.

16 Ala. App. 292 · Alabama Court of Appeals · Nov 20, 1917

and that his name was signed to it, and with this knowledge promised to pay it or made partial payments upon it, would have been sufficient to charge him upon the note, but, as was said by McClellan, J., in the case of Brown … v.

Cobb v. State

24 Ala. App. 358 · Alabama Court of Appeals · Jun 16, 1931

Brown. The pleas were not guilty, and not guilty by reason of insanity. … Andrews v. State, 159 Ala. 14 , 48 So. 858 ; Dunn v. State, 8 Ala. App. 410 , 62 So. 996 ; Mayer v. Thompson-Hutchison Bldg. Co., 116 Ala. 634 , 22 So. 859 .

Dorlan v. Morrill-Doyle Realty Ins. Co.

21 Ala. App. 119 · Alabama Court of Appeals · May 12, 1925

Co. v. State Board of Assessment, 80 Ala. 273 , 60 Am. Rep. 99 . … In the case of Phœnix Assurance Co. of London v. Fire Department of City of Montgomery, 117 Ala. 653 , 23 So. 850 , 42 L. R.

Liberty Nat. Life Ins. Co. v. Trammell

35 Ala. App. 300 · Alabama Court of Appeals · May 3, 1949

Brown-Service Ins. Co. v. Wright, [32] Ala.App. [578], 28 So.2d 318 ; Life Ins. Co. of Virginia v. Newell, 223 Ala. 401 , 137 So. 16 ; Independent Life Insurance Co. v. Seale, 219 Ala. 197 , 121 So. 714 . … Miller v. Metropolitan Life Ins. Co., 214 Ala. 4 , 106 So. 335 ; Aetna Life Insurance Co. v. Norfleet, supra; Life Ins. Co. of Virginia v. Mann, 28 Ala.

Ward v. State

15 Ala. App. 613 · Alabama Court of Appeals · Apr 3, 1917

*614 BROWN, P. J. The defendant, a man 35 years of age, killed John Bass Steen, 18 years of age, by shooting him with a pistol. … . — King v. State, 89 Ala. 146 , 7 South. 750 ; Knight v. State, 89 Ala. 146 , 7 South. 750 ; Knight v. State, 160 Ala. 58 , 49 South. 764 ; Bullington v. State, 13 Ala. App. 61 , 69 South. 319 .

Jones v. Killian

44 Ala. App. 133 · Alabama Court of Appeals · Nov 7, 1967

Dudley Brothers Lumber Co. v. Long, etc., supra; State v. … Mazer v. Brown, 259 Ala. 449 , 66 So.2d 561 ; Dudley Brothers Lumber Co. v. Long, etc., supra; see also Coward v. McKinney, 277 Ala. 513 , 172 So.2d 538 ; Western Railway of Alabama v.

Cook v. Echols

16 Ala. App. 606 · Alabama Court of Appeals · Dec 17, 1918

BROWN, P. … Montgomery v.

Storey v. State

14 Ala. App. 127 · Alabama Court of Appeals · Jun 6, 1916

—Newsom v. … —Peterson v. State, 74 Ala. 34 ; Powell v. State, 5 Ala. App. 155 , 59 South. 328 ; McDaniel v. State, 13 Ala.

Herrmann v. Mobile County

16 Ala. App. 634 · Alabama Court of Appeals · Jun 29, 1918

(3) Is- the itemized and verified claim, which is Exhibit A to the complaint a sufficient compliance with the requirements relative to the presentation to the board of revenue and road commissioners of claims against the … The first, two of these questions have been answered in accordance with the contention of the appellant in the case of Herrmann v. Mobile County, 80 South. 112 , by Thomas, J.

Southern Railway Co. v. Blankenship

14 Ala. App. 261 · Alabama Court of Appeals · Jun 3, 1915

BROWN, J. … Co. v. Bacon, 30 Ill. 347 , 83 Am.

Thornhill v. State

14 Ala. App. 647 · Alabama Court of Appeals · May 30, 1916

BROWN, J. (1) The question first presented as to the sufficiency of the complaint in this case was disposed of adversely to appellant in Kirk v. State, infra, 70 South. 990 . … —Kirk v. State, supra; Lee v. State, 10 Ala.

Armour Fertilizer Works v. Alabama Farm Bureau Cotton Ass'n

25 Ala. App. 452 · Alabama Court of Appeals · May 9, 1933

The Johnstone Case, supra, has on this point been expressly overruled by the Supreme Court in the cases of Browne v. Giger, 221 Ala. 176 , 128 So. 174 ; and Stafford et al. v. … Section 9498, Code 1923 ; Pinckard v. Cassels, 195 Ala. 353 , 70 So. 153 ; Gillespie v. Bartlett & Byers, 211 Ala. 560 , 100 So. 858 .

Melton v. State

26 Ala. App. 265 · Alabama Court of Appeals · Dec 18, 1934

Payne v. State, 226 Ala. 69 , 145 So. 650 ; Cobb v. State, 18 Ala. App. 556 , 93 So. 225 . … Richard Brown, one of the parties present, when being examined by the state was asked if Helen Barker appeared to be friendly. Objection was sustained to this question and defendant duly excepted.

Beam v. State

41 Ala. App. 401 · Alabama Court of Appeals · Aug 22, 1961

The defendant has never seen the brown bottle which, they are attempting to introduce in evidence. There has been no testimony linking this jug, this large mouth object here as being the defendant’s.” … Stephens v. State, 252 Ala. 183 , 40 So.2d 90 ; Espey v. State, 270 Ala. 669 , 120 So.2d 904 ; Barber v. State, 23 Ala.App. 584 , 129 So. 492 ; Dunnaway v. State, 36 Ala.App. 171 , 56 So.2d 356 .

Mutual Loan Soc., Inc. v. Stowe

15 Ala. App. 293 · Alabama Court of Appeals · Nov 21, 1916

BROWN, J. (1, 2) When one party to a contract repudiates it, the injured party may elect to pursue one of several remedies. … . — Gabrielson v.

Oliveri v. State

13 Ala. App. 348 · Alabama Court of Appeals · May 20, 1915

BROWN, J. The indictment avers that “Rich Olivere, whose name is otherwise unknown to the grand jury,” sold spirituous, vinous, or malt liquors without a license and contrary to law. … —James v. State, 53 Ala. 380 ; Turk v.

Green v. State

24 Ala. App. 235 · Alabama Court of Appeals · Feb 17, 1931

Salter v. State, 17 Ala. App. 517 , 85 So. 847 ; Abrahams v. State, 18 Ala. App. 252 , 89 So. 853 ; Farley v. State, 20 Ala. App. 105 , 101 So. 69 ; Conner v. State, 20 Ala. App. 613 , 104 So. 554 ; Lockett v. … J., and Sayre and Brown, JJ., concur." It follows, therefore, that the sentence to hard labor in this case is erroneous.