Case law

Atlantic C. L. Ry. Co. v. Harwell

10 Ala. App. 587 · Alabama Court of Appeals · Jun 4, 1914

. — Alabama Consolidated Coal & Iron Co. v. Turner, 145 Ala. 639, 651 , 39 South. 603 , 117 Am. St. Rep. 61 ; Nininger v. Norwood, 72 Ala. 285 , 47 Am. Rep. 413 ; Stein v. Burden, 24 Ala. 148 , 60 Am. … Dec. 453 ; Miles City v. Board of Health, 25 L. R. A. (N. S.) 589, 591, note; 29 Cyc. 1206.

Folkes v. State

17 Ala. App. 119 · Alabama Court of Appeals · Jun 30, 1919

BROWN, P. … Jarvis v. State, supra; Long v. State, supra; King v.

Adams v. State

41 Ala. App. 483 · Alabama Court of Appeals · Nov 21, 1961

In Shaffer v. State, 202 Ala. 243 , 80 So. 81 , the court had under consideration an almost identical point to the one now being considered. … Long v. State, 24 Ala.App. 571 , 139 So. 113 ; Tranholm v. State, 38 Ala. App. 57 , 77 So.2d 491 ; Brown v. State, 39 Ala.App. 149 , 96 So.2d 197 .

Kendrick v. Boyd

35 Ala. App. 592 · Alabama Court of Appeals · Feb 7, 1951

It must be conceded that somewhere in the act the duty and responsibility of executing it must be placed upon some individual, board or official. … Earp v. Bishop, 222 Ala. 235 , 132 So. 36 ; Hamilton, Tax. Col. v. Edmundson, 235 Ala. 97 , 177 So. 743 ; 55 C.J.S., Mandamus, § 127, page 214; Board of Revenue of Jefferson County v.

Townley v. Thornton

22 Ala. App. 598 · Alabama Court of Appeals · Oct 9, 1928

Miles v. Hines, 205 Ala. 83 , 87 So. 837 . … Donaldson v. Foreman, 213 Ala. 232 , 104 So. 406 ; Hughes v. Daniel, 187 Ala. 41 , 65 So. 518 . Affirmed.

Dickey v. State

32 Ala. App. 413 · Alabama Court of Appeals · Jun 11, 1946

He was told to turn around and Tranum pulled a brown paper sack out of the *415 pocket appellant had attempted to reach. … Bryant v. State, supra; Preuit v. State, 21 Ala.App. 561 , 110 So. 53 . Likewise whether the theft was “recent” is ordinarily for the jury. Gilbreath v. State, 23 Ala.App. 33 , 120 So. 304 .

Jefferson County v. O'Gara

29 Ala. App. 281 · Alabama Court of Appeals · Jun 30, 1939

That remedy is the writ *Page 288 of mandamus against the officer or board who wrongfully withholds or refuses to pay said salary. Concerning the writ of mandamus our Supreme Court in the case of Sessions v. … In that case the Court said: "The writ of mandamus has long been recognized as the appropriate remedy directed against the members of the board. State ex rel. Denson v.

Stovall v. Hamilton

14 Ala. App. 484 · Alabama Court of Appeals · Dec 16, 1915

Pl. & Pr. 836; Fowler v. Williamson, supra; Woodlawn v. Purvis, 108 Ala. 511 , 18 South. 530 ; Johns v. Field, 5 Ala. 484 ; Crayton v. Clark, 11 Ala. 787 ; Foster v. White, 9 Port. 221 . … BROWN, J. (1) The trial was by the court without the intervention of a jury; and the evidence shows that the note and *491 mortgage, payable on their face to D. J.

Hardeman v. State

14 Ala. App. 35 · Alabama Court of Appeals · Feb 8, 1916

—Wesley v. State, 52 Ala. 182, 187 . “Time alone is not a determining criterion when the question is whether a thing said or done is a part of a given transaction.” —Domingus v. State, 94 Ala. 9 , 11 South. 190 . … See, also, the case of Fowler v. State, 8 Ala.

Murray v. State

43 Ala. App. 5 · Alabama Court of Appeals · Aug 31, 1965

State v. Heflin, 338 Mo. 236 , 89 S.W.2d 938 , 103 A.L.R. 1301 ; Fuqua v. State, 246 Miss. 191 , 145 So.2d 152 . Evidence of defendant’s previous conviction ■ for burglary was irrelevant. … To paraphrase the language of the court in Leonard v.

Kuhn v. State

16 Ala. App. 489 · Alabama Court of Appeals · Apr 9, 1918

Dennis v. … Dennis v.

McRight v. Farned

14 Ala. App. 445 · Alabama Court of Appeals · Nov 9, 1915

Repts. 597, § 5; Cooper v. Watson, 73 Ala. 252 ; Beatty v. Brown, 76 Ala. 267 ; Stewart v. … Works v. Ewart Lumber Co., 184 Ala. 272 , 63 South. 567 ), and the judgment must be reversed, and the cause remanded, to the end that the court below revise its rulings accordingly. Reversed and remanded.

White v. State

40 Ala. App. 378 · Alabama Court of Appeals · Aug 18, 1959

As stated in Kozlowski v. … Dersis v. Dersis, 210 Ala. 308 (6), 98 So. 27 ; Brown v. Mobile Electric Co., 207 Ala. 61 (4), 91 So. 802 ; Alabama City, G. & A. R. Co. v. Bessiere, 197 Ala. 5 , 72 So. 325 ; Burnwell Coal Co. v.

Bradberry v. State

37 Ala. App. 327 · Alabama Court of Appeals · Oct 20, 1953

Gibson v. State, 89 Ala. 121 , 8 So. 98 , 18 Am.St.Rep. 96 . And in Morris v. … Brown v. State, ( 109 Ala. 70 ), 20 So. 103 ; Pierson v. State, 99 Ala. (148), 153, 13 So. 550 ; De Arman v.

Brothers v. Hopper

17 Ala. App. 58 · Alabama Court of Appeals · May 6, 1919

This request was complied with and the testimony shows that the board, care, and attention giyen by defendant to the plaintiff’s brother was reasonably worth §25. … Code 1907, § 5331; Slaughter v. Swift, 67 Ala. 494 ; Stafford v. Sibley, 113 Ala. 447 , 21 South. 459 . There appears no error in the record, and the judgment of the lower court is affirmed. Affirmed.

Littlefield v. State

36 Ala. App. 507 · Alabama Court of Appeals · Jan 29, 1952

State v. Ware, 10 Ala. 814 . Newspaper publicity does not necessarily constitute grounds for either a change of venue or a continuance. Collins v. State, 234 Ala. 197 , 174 So. 296 . … designated by such board unless otherwise provided by law."

Newton v. State

32 Ala. App. 640 · Alabama Court of Appeals · Feb 25, 1947

Brown v. State, 21 Ala.App. 371 , 108 So. 625 . However, two exceptions are recognized: (1) When the prosecutrix is under the age of consent. Kelley v. State, Ala.App., 26 So.2d 633 ; 1 Duncan v. … State, 135 Ala. 15 , 33 So. 23 ; Posey v. State, 143 Ala. 54 , 38 So. 1019 ; Green v. State, 19 Ala.App. 239 , 96 So. 651 ; Bradham v. State, 27 Ala.App. 225 , 170 So. 222 ; Stewart v.

Haney v. State

20 Ala. App. 236 · Alabama Court of Appeals · Jul 22, 1924

Jacobs v. State, 146 Ala. 103 , 42 South. 70 ; Brown v. State, 142 Ala. 287 , 38 South. 268 ; Newman v. State, 160 Ala. 102 , 49 South. 786 . … Newman v. State, 160 Ala. 102, 49 South. 786 ; Young v. State, 149 Ala. 16 , 43 South. 100 ; Shirley v. State, 144 Ala. 35 , 40 South. 269 ; Hall v. State, 130 Ala. 45 , 30 South. 422 ; Blount v. State, 49 Ala. 381 .

Smith v. State

8 Ala. App. 352 · Alabama Court of Appeals · May 13, 1913

.- — The defendant was convicted of the offense prohibited by section 7564 of the Code, treating human diseases without having obtained a certificate of qualification from the State Board of Medical Examiners. … The law is a police regulation, designed for the protection of the public (Brooks v.

Abstract & Title Guaranty Co. v. Kigin

21 Ala. App. 397 · Alabama Court of Appeals · Feb 16, 1926

Central Ry. v. Gross, 192 Ala. 354 , 68 So. 291 ; Watson v. Knight, 44 Ala. 352 . … The discussion here is limited to cases similar to the case at bar, and we express no opinion as to what the holding would be if the pleading presented issues covered by such cases as Brown v. Sims, 22 Ind.