Case law

Southern Ry. Co. v. Dear

26 Ala. App. 508 · Alabama Court of Appeals · Jun 28, 1935

John, son v. Louisville & N. R. Co., 227 Ala. 103 , 148 So. 822 ; Seaboard Air Line Ry. Co. v. Lowe, 223 Ala. S42, 137 So. 448 ; Southern Ry. Co. v. Randle, 221 Ala. 435 , 128 So. 894 ; Central of Georgia Ry. Co. v. … Ry. v. Crosby, 194 Ala. 338 , 70 So. 7 ; Jackson Lumber Co. v. Trammell, 199 Ala. 536 , 74 So. 469 ; Hatfield v. Riley, 199 Ala. 388 , 74 So. 380 ; Dees v. Lindsey Mill Co., 210 Ala. 183 , 97 So. 647 . Affirmed.

Rogers v. State

12 Ala. App. 196 · Alabama Court of Appeals · Feb 2, 1915

BROWN, J. … —Gandy v.

Cameron v. Haas Bros. Packing Co.

3 Ala. App. 520 · Alabama Court of Appeals · Dec 21, 1911

In the case of Pake v. … The same principles are announced in the following other well-considered cases: Fuller v. Gray, 124 Ala. 388 , 27 South. 458 ; Webb v. Hawkins L. Co., 101 Ala. 630 , 14 South. 407 ; Smith Bros. & Co. v.

Alford v. Creagh

7 Ala. App. 358 · Alabama Court of Appeals · Apr 15, 1913

Rep. 20. *365 See, also, Houston v. Boagni, McGloin (La.) 164; Prince v. Baptist Church, 20 Mo. App. 332 ; Amato v. Dreyfus (Tex. Civ. App.) 34 S. W. 450 . … . — Cotton v. Cotton, 75 Ala. 345 .

Toomer v. Alpha Lambda Club

37 Ala. App. 331 · Alabama Court of Appeals · Oct 27, 1953

Mason v. Finch, 28 Mich. 282 . … Ogden Parking & Provision Co, v. Wyatt, 59 Utah 481 , 204 P. 978 , 22 A.L.R. 359 ; Mason v. Finch, supra; Watkins v. Delahunty, 133 App.Div. 422 , 117 N.Y.S. 885 ; Rudolph v.

Hochman v. State

38 Ala. App. 602 · Alabama Court of Appeals · Jan 24, 1956

People v. Seccombe, 103 Cal.App. 306 , 284 P. 725 . The complaint is insufficient.” In Wheeler v. … Appellant complains of the court’s refusal to permit him to testify as to the amount of money expended in an effort to comply with the terms of a notice from the Board of Health. This action was proper. In State v.

Morris v. State

43 Ala. App. 660 · Alabama Court of Appeals · Apr 4, 1967

Cazales v. Bridges, 38 Ala.App. 232 , 81 So.2d 913 . The doctrine of the Freeman case is not applicable here. … See also Boothe v. State, 43 Ala.App. 119 , 180 So.2d 450 , and cases cited.

Gurley v. Henderson Nat. Bank

21 Ala. App. 569 · Alabama Court of Appeals · Oct 26, 1926

Lomax v. Le Grand, 60 Ala. 537 ; Wilson v. Stewart, 69 Ala. 302 . The demurrer to the first count of the complaint was properly sustained. The defendant was denying notice or facts from -which notice could be implied. … It is conceded by appellant in his excellent brief that, if the law is as is stated in Foxworth v. Brown, 120 Ala. 59 , 24 So. 1 , then the court committed no error. The contention is that in Hawkins v.

O'Barr v. Turner

16 Ala. App. 65 · Alabama Court of Appeals · Apr 3, 1917

BROWN,'J. [1] From the foregoing statement of facts taken from the record, it is clear that in each instance money was advanced by the claimant to the defendant; the defendant gave his note payable to the claimant for the … Kelly v. Life Ins. Clearing Co., 113 Ala. 463 , 21 South. 361 ; Pierce v. Tidwell, 81 Ala. 299 , 2 South. 15 ; Robbins v. Webb, 68 Ala. 393 ; Prater v. Darby, 24 Ala. 496 ; Holman v. Crane, 16 Ala. 570 ; Sewell v.

H. C. Schrader Co. v. A. Z. Bailey Groc. Co.

15 Ala. App. 647 · Alabama Court of Appeals · Jan 30, 1917

BROWN, P. … The case of Frith & Co. v. Hollan, 133 Ala. 583 , 32 South. 494 , 91 Am. St.

Neely v. State

35 Ala. App. 315 · Alabama Court of Appeals · Apr 11, 1950

In Langston v. … Brown on Personal Property, p. 628. Primarily whether or not an article is a fixture is a question of fact to be determined by a jury.

Gilbreath v. State

15 Ala. App. 588 · Alabama Court of Appeals · Mar 23, 1917

BROWN, P. J. … The same legislative intent is manifest in the provisions of section 6301, Code 1907. — Williams v. State, 4 Ala. App. 92, 58 , South. 925; Garrett v. State, 109 Ind. 527 , 10 N. E. 570 ; State v.

Chastain v. State

36 Ala. App. 186 · Alabama Court of Appeals · Aug 2, 1951

Requested charge 14 refused to defendant was approved in the following cases: Brown v. State, 118 Ala. 111 , 23 So. 81 ; Gregory v. State, 140 Ala. 16 , 37 So. 259 ; Howard v. State, 151 Ala. 22 , 44 So. 95 ; Baker v. … App. 437 , 97 So. 901 ; Wilson v. State, 14 Ala. App. 87 , 71 So. 971 . But was held bad in the following cases: Browning v. State, 28 Ala. App. 129 , 180 So. 105 ; Rountree v. State, 20 Ala.

Rogers v. State

16 Ala. App. 179 · Alabama Court of Appeals · Jun 12, 1917

BROWN, P. J. The defendant was convicted of gaming, the offense denounced by section 6983, Code 1907. … Applying the principles announced in the case of Russ v.

Purser v. State

39 Ala. App. 169 · Alabama Court of Appeals · Jun 28, 1957

Lock v. State, 21 Ala.App. 81 , 105 So. 431, 432 ; Rikard v. State, 31 Ala.App. 374 , 18 So.2d 435 , certiorari denied 245 Ala. 677 , 18 So.2d 436 ; Hudson v. State, 249 Ala. 372 , 31 So.2d 774 ; Vandiver v. … Brown v. State, 33 Ala.App. 152 , 31 So.2d 652, 655 . See also Alston v. State, 248 Ala. 163 , 26 So.2d 877 ; Walling v. State, 15 Ala.App. 275 , 73 So. 216 ; Crenshaw v. State, 205 Ala. 256 , 87 So. 328 ; Zorn v.

Nolan v. Ernest Const. Co.

30 Ala. App. 587 · Alabama Court of Appeals · Jun 30, 1942

Co. v. Brown, Tex.Civ.App., 74 S.W.2d 531 .

Southern Railway Co. v. Kendall & Co.

14 Ala. App. 242 · Alabama Court of Appeals · May 11, 1915

BROWN, J. (1) There is nothing in the record showing that the motion for a new trial was ever acted upon by the trial court, and for this reason nothing is presented for review by assignments of error predicated on this motion … Co. v. Benns, 189 Ala. 590 , 66 South. 589 ; Jones v. White, 189 Ala. 622 , 66 South. 605 ; Sloss-Sheffield S. & I. Co. v. Redd, 6 Ala. App. 404 , 60 South. 468 ; Warble v.

Alexander v. Posey

32 Ala. App. 494 · Alabama Court of Appeals · Aug 1, 1946

Arresting Officer Grimes, Mullins, Anderson, Brown. “Sentence: 11 — 15—45. Defendant plead not guilty. On hearing the evidence the Court is of the opinion that the defendant is guilty. … Thomas v. State, 25 Ala.App. 576 , 151 So. 473 . As a general rule, the day on which a prisoner is sentenced will be reckoned as a part of his imprisonment. Corporate Authorities of Scottsboro v.

Sibley v. Barclay

14 Ala. App. 422 · Alabama Court of Appeals · Oct 19, 1915

—Hart v. … Co. v.

Miller v. State

39 Ala. App. 584 · Alabama Court of Appeals · Aug 19, 1958

conflicts between prosecution and defense were (1) Flowers testified the whiskey was only four and one-half gallons Flowers had bought for a friend, and (2) that Miller did not know of the whiskey (which was wrapped in a brown … State, 25 Ala.App. 539 , 150 So. 362 , Stephens v. State, 36 Ala.App. 444 , 58 So.2d 644 , Long v. State, Ala.App. 101 So.2d 94 .