Case law

Cohen v. State

16 Ala. App. 522 · Alabama Court of Appeals · Jun 29, 1918

BROWN, P. J. (dissenting). … In Smith v.

McDonald v. State

32 Ala. App. 606 · Alabama Court of Appeals · Jan 7, 1947

Shirley v. Lutz, 226 Ala. 497 , 147 So. 429 . It is basic that criminal and penal statutes are to be strictly construed. Grantland v. State, 8 Ala.App. 319 , 62 So. 470 ; Jacobs v. … Board of Education of Jefferson County et al. v. State ex rel. Kuchins, 222 Ala. 70 , 131 So. 239 ; Ex parte State ex rel. King, 233 Ala. 318 , 171 So. 892 .

McMurtrey v. State

37 Ala. App. 656 · Alabama Court of Appeals · Aug 31, 1954

State, 31 Ala.App. 91 , 13 So.2d 583 , certiorari denied 244 Ala. 401 , 13 So.2d 590 ; Brown v. State, 32 Ala.App. 131 , 22 So.2d 445 ; Lee v. State, 246 Ala. 69 , 18 So.2d 706 ; Daniels v. … State, 243 Ala. 675 , 11 So.2d 756 ; Robinson v. State, 243 Ala. 684 , 11 So.2d 732 ; Johnson v. State, 242 Ala. 278 , 5 So.2d 632 ; Jackson v. State, 229 Ala. 48 , 155 So. 581 ; Brasher v.

Grantland v. State

8 Ala. App. 319 · Alabama Court of Appeals · May 20, 1913

In the construction of these statutes it has been held to be a sufficient defense that there has been a divorce from bed and board (People v. Cullen, 153 N. Y. 635 , 47 N. E. 894 , 44 L. R. … A. 420; but see in connection State v. Gunzler, 52 Mo. 172 ; Com v. Simmons, 165 Mass. 356 , 43 N. E. 110 ; Hall v. State, 100 Ala. 86 , 14 South. 867 ), or that the wife has been guilty of adultery (Carney v.

Bagwell v. State

22 Ala. App. 567 · Alabama Court of Appeals · Jun 26, 1928

Lawler v. State (Ala. … This question is definitely decided in the case of Lawler v. State, supra. See, also. Brown v. State, ante, p. 463, 116 So. 812 .

Leonard v. State

38 Ala. App. 138 · Alabama Court of Appeals · Feb 8, 1955

The case of People v. … State, 8 Ala.App. 147 , 62 So. 1027 ; Brown v. State, 33 Ala.App. 97 , 31 So.2d 670 ; Ledbetter v. State, 34 Ala.App. 35 , 36 So.2d 564 , certiorari denied 251 Ala. 129 , 36 So.2d 571 ; Head v.

Holloway v. Davis

44 Ala. App. 346 · Alabama Court of Appeals · Dec 19, 1967

Clements v. Olive, 274 Ala. 210 , 147 So.2d 818 ; Kelley v. Osborn, 269 Ala. 392 , 113 So.2d 192 ; Mazer v. Brown, 259 Ala. 449 , 66 So.2d 561 . … Mobile Infirmary v. Eberlein, 270 Ala. 360 , 119 So.2d 8 ; Hatcher v. Camp, 279 Ala. 475 , 187 So.2d 232 ; Britling Cafeteria Co. v. Irwin, 229 Ala. 687 , 159 So. 228 .

Henley v. Lollar

35 Ala. App. 182 · Alabama Court of Appeals · Jan 31, 1950

Hale v. Tennessee Coal, Iron & Ry. Co., 183 Ala. 507 , 62 So. 783 ; Godfrey v. Vinson, 215 Ala. 166 , 110 So. 13 ; Downey v. Johnson, 31 Ala.App. 514 , 19 So.2d 85 ; Jefferson v. … Co. v. Bolton, 242 Ala. 562 , 7 So.2d 296 ; Birmingham Electric Co. v. Turner, 241 Ala. 66 , 1 So.2d 299 ; Brown v. Bush, 220 Ala. 130 , 124 So. 300 .

Ex Parte Whitehead

29 Ala. App. 583 · Alabama Court of Appeals · Nov 19, 1940

“Sales Method Co. v. City Meat Market, 222 Ala. 12 , 130 So. 536 ; Roszell v. … Board of Revenue, 219 Ala. 60 , 121 So. 49 .” *585 Although, decision of the question has not been without difficulty, it is our opinion that the plaintiff, (Whisler), by his own act, produced a discontinuance of his case

Willis v. State

29 Ala. App. 365 · Alabama Court of Appeals · Mar 26, 1940

Co. v. … Merrill v. Sheffield Co., 169 Ala. 242 , 53 So. 219 ; Brown v. St. Louis & S. F. R. Co., 171 Ala. 310 , 55 So. 107 .

Louisville Nashville R. R. Co. v. Dickson

15 Ala. App. 423 · Alabama Court of Appeals · Dec 19, 1916

BROWN, J.— (1, 2) Where the evidence shows that there is no market value of property in question at the place which under the general rule governs in fixing the damages for its loss or injury, it is permissible to show the … Rep. 93 ; Johnson & Thornton v. Allen & Jemison, 78 Ala. 392 , 56 Am.

Town of Hammondville v. Chadwick

43 Ala. App. 12 · Alabama Court of Appeals · Sep 14, 1965

From Perryman v. … See also opinion of Foster, J., in Penton v. Brown-Crummer Inv. Co., 222 Ala. 155 , 131 So. 14 .

Collins v. State

31 Ala. App. 363 · Alabama Court of Appeals · Mar 21, 1944

The rule to be applied here is correctly stated in the case of Smith v. … that the defendant for said offense be and is hereby sentenced to imprisonment in the penitentiary of the State of Alabama, for a period of One Year, and the Clerk of this Court will forthwith notify the President of the Board

Gills v. State

35 Ala. App. 119 · Alabama Court of Appeals · Jan 10, 1950

We left the children at Leroy’s house, and Leroy and Willie D. and I started to the ‘Blue Frog1 at Brown’s Station. Willie D. and Leroy drank some home brew at Leroy’s house but I did not drink any. … Jones v. State, supra; Reynolds v. State, supra; Hammell v. State, 21 Ala.App. 633 , 111 So. 191 ; Graham v. State, 27 Ala.App. 505 , 176 So. 382 ; Rainey v. State, 245 Ala. 458 , 17 So.2d 687 ; Williams v.

Birmingham Ry. L. & P. Co. v. Donaldson

14 Ala. App. 160 · Alabama Court of Appeals · Apr 6, 1915

BROWN, J. (1) The right of the street car company to lay its tracks on the public streets carried with it the duty imposed by the statute (Code 1907, § 1269), which provides: “Street and other railroad companies shall be … —Street Rai lway Co. v. Smith, 146 Ala. 324 , 39 South. 757 ; Birmingham Union Ry. Co. v.

Italian Society of Mutual Beneficence v. Vacarella

27 Ala. App. 233 · Alabama Court of Appeals · Jun 9, 1936

Wist v. Grand Lodge, 22 Or. 271 , 29 P. 610 , 29 Am.St.Rep. 603 ; Smith v. Supreme Lodge, K. of P., 83 Mo.App. 512 ; Fugure v. Mutual Society, 46 Vt. 362 ; McKinney v. … Brown v. Alabama Great So. Railway Co., 219 Ala. 87 , 121 So. 91 ; McFry v. Stewart, 219 Ala. 216 , 121 So. 517, 519 .

Atlantic Coast Line Railroad v. Griffith

40 Ala. App. 364 · Alabama Court of Appeals · Mar 17, 1959

Brown, testified he was employed by defendant; that he made certain measurements at the 17th Street crossing with regard to the location of the rails on 17th Street; that from the center of the main track to the center of … Southern Railway Company v. Randle, 221 Ala. 435 , 128 So. 894, 897 . See also Hines v. Cooper, 205 Ala. 70 , 88 So. 133 ; Southern Railway Company v.

Weil v. Travelers' Ins. Co.

16 Ala. App. 641 · Alabama Court of Appeals · Jan 11, 1916

BROWN, J. [t] The law is settled that a contract of life insurance issued to one who has an insurable interest in the life insured is a valid and enforceable contract. Helmetag’s Adm’r v. Miller, 76 Ala. 183 , 52 Am. … Richards v. Shepherd, 159 Ala. 663 , 49 South. 251 ; Auerbach v. Pritchett, 58 Ala. 451 ; Meyer v. Mitchell, 75 Ala. 480 ; Firestone v. Firestone, 49 Ala. 128 ; Cardwell v. Kelly, 95 Va. 570 , 28 S. E. 953 , 40 L. R.

Smith v. State

40 Ala. App. 158 · Alabama Court of Appeals · Feb 24, 1959

The evidence is undisputed that preceding the killing the appellant and deceased had engaged in playing shuffle board in the Sunset Inn in Mobile County. … Lewis v. State, 96 Ala. 6 , 11 So. 259 ; Fowler v. State, 161 Ala. 1 , 49 So. 788 ; Jones v. State, 13 Ala.App. 10 , 68 So. 690 ; Thomas v. State, 31 Ala.App. 1 , 9 So.2d 150 ; Clayton v.

Comer v. State

28 Ala. App. 470 · Alabama Court of Appeals · Jan 10, 1939

The burglar who entered the building gained entrance by breaking the boards from a window and stepping through this opening into the room and in so doing stepped upon a pillow on the bed next to the window and left an imprint … Page v. State, 61 Ala. 16, 17 . In the case it affirmatively appears that the injured party was as well known by the name of Pickron as he was by the name Pickren.