Case law

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.

Peppers v. State

36 Ala. App. 468 · Alabama Court of Appeals · Mar 13, 1952

See Eastep v. … Russell v. State, 20 Ala.App. 68 , 101 So. 71 .

Green v. Graves

24 Ala. App. 295 · Alabama Court of Appeals · May 12, 1931

In full recognition of the rule as stated in Tabler, Crudup Co. v. … Payne’s Ex’r v. Long. 131 Ala. 438 , 31 So. 77 ; Euglehart v. Richter, Ex’r, 136 Ala. 562 , 33 So. 939 ; Tabler Crudup Co. v. Sheffield Land Co., 87 Ala. 305 , 6 So. 196 .

Louisville N. R. Co. v. Parish

16 Ala. App. 90 · Alabama Court of Appeals · May 29, 1917

Jesse French Piano Co. v. Bradley, 138 Ala. 177 , 35 South. 44 ; Snellgrove v. Evans, 145 Ala. 600 , 40 South. 567 ; Bolton v. Cuthbert, 132 Ala. 403 , 31 South. 358 , 90 Am. St. Rep. 914 . … Farrell v. United States, (C. C. A. 1901) 110 Fed. 942 , 49 C. C. A. 183 .” Southern Express Co. v.

Central of Georgia Ry. Co. v. Barnitz

14 Ala. App. 354 · Alabama Court of Appeals · Feb 10, 1916

Co. v. … Co. v. Morgan, 161 Ala. 486 , 49 South. 865 ; L. & N. R. R. Co. v. Seale, 172 Ala. 484 , 55 South. 237 ; E. T., V. & G. Ry. Co. v. Lockhart, 79 Ala. 315 ; L. & N. R. R. Co. v. Dancy, 97 Ala. 340 , 11 South. 796 .

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.

Smith v. State

44 Ala. App. 96 · Alabama Court of Appeals · Oct 17, 1967

The case of Pugh v. … In Sexton v. State, 239 Ala. 287 , 196 So. 744 , cert. den. 239 Ala. 662 , 196 So. 746 , the court stated the following: “In Murphy v. [George] Brown & Co., 91 N.J.L. 412 , 103 A. 28, 30 , Mr.

Dykes v. State

30 Ala. App. 129 · Alabama Court of Appeals · Apr 22, 1941

Montgomery v. State, 40 Ala. 684 . The evidence necessary to corroborate an accomplice need not be of itself sufficient to warrant a conviction. Lumpkin v. State, 68 Ala. 56 . In Bradley v. … While not necessary to the conclusion here reached, we feel impelled to quote with our full approval, a quotation incorporated by our former associate Judge Brown, in the case of Trent v. State, supra.

Norden v. Davis

39 Ala. App. 581 · Alabama Court of Appeals · Sep 9, 1958

In McIntyre Lumber & Export Co. v. … In Hyde v. Starnes, 247 Ala. 26 , 22 So.2d 421 , a claimant for board and nursing of a decedent was held competent to testify as to the reasonable charges for her services.

State v. Holt

34 Ala. App. 104 · Alabama Court of Appeals · Aug 3, 1948

In the case of Nash v. State, 21 Ala. … Justice Brown, writing for the court, pointed out in effect that only one-sixth of the average output of the planing plant was cut by the taxpayer's own sawmill.

Smith v. McDonald

24 Ala. App. 88 · Alabama Court of Appeals · Oct 28, 1930

O'Donoghue v. Corby, 22 Mo. 393 ; Casey v. Ballou Baking Co., 98 Iowa, 107 , 67 N. W. 98 ; Latham v. Brown, 16 Iowa, 118 ; volume 1, Sedgwick on Damages (9th Ed.) p. 521. … In Bancroft v.

Gravette v. State

25 Ala. App. 347 · Alabama Court of Appeals · Jun 21, 1932

The long-settled rule upon this question is restated in the case of Ode Grimes v. State, 24 Ala. App. 378 , 135 So. 652, 653 , and numerous authorities therein cited. … Also, there were broken eggs in the car and on the foot and side of the car, and on the running board on the right-hand side of the car.

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.

Wilson v. State

40 Ala. App. 323 · Alabama Court of Appeals · Jun 9, 1959

A search of the 1949 Ford revealed twenty-one five gallon jugs of corn whiskey in the trunk, back seat, and on the floor boards of the front seat. … Griffin v. State, 39 Ala.App. 671 , 106 So.2d 36 , and cases there cited. The motion for a directed verdict was properly overruled. The judgment is affirmed. Affirmed.

Williams v. State

32 Ala. App. 597 · Alabama Court of Appeals · Jan 14, 1947

V. … Writing to this same question, Justice Brown, now of our Supreme Court, but then a member of this court, in Jones v.

Allen v. Camp

14 Ala. App. 341 · Alabama Court of Appeals · Nov 4, 1915

—Russell v. … v.

Baker v. State

39 Ala. App. 221 · Alabama Court of Appeals · Aug 27, 1957

No testimony was elicited as to the distances between appellant’s home and the places at which the alibi witnesses boarded the bus. … See also Turner v.

Jackson v. State

33 Ala. App. 42 · Alabama Court of Appeals · Feb 25, 1947

See also Brown v. State, 30 Ala.App. 27 , 200 So. 630 ; Rosenblum v. State, 19 Ala.App. 442 , 98 So. 216 . … Reeves v. State, 95 Ala. 31 , 11 So. 158 , 162. See also Wall v. State, supra. In the case of Eggleston v.

Morris v. McElroy

23 Ala. App. 96 · Alabama Court of Appeals · Mar 8, 1929

Cole v. Norton et al. (Mo. App.) 251 S. W. 723 ; Case v. Smith, 215 Mo. App. 621 , 257 S. W. 148 ; Hirsch v. Hirsch (Mo. App.) 273 S. W. 151 . … Savage v. Wallace, 165 Ala. 572 , 51 So. 605 ; State ex rel. City of Mobile v. Board, etc., 180 Ala. 514 , 61 So. 814 ; Pendley v. Commissioners’ Court, 185 Ala. 523 , 64 So. 592 ; Ex parte Jones, 49 Ark. 110 , 4 S.

City of Mobile v. Coffin

28 Ala. App. 243 · Alabama Court of Appeals · Jun 7, 1938

Our Supreme Court, in the case of New Farley National Bank v. … In the case of Union Bank & Trust Co. v.