Case law

Wilder Mercantile Co. v. Le Maistre Ginning Co.

26 Ala. App. 275 · Alabama Court of Appeals · Oct 30, 1934

Marx & Co. v. Bankers’ Credit Life Ins. Co., 224 Ala. 249, 260 , 139 So. 421 . … Bassett et al. v. Powell et al., 178 Ala. 340 , 60 So. 88 . Reversed and rendered.

Smith v. State

36 Ala. App. 646 · Alabama Court of Appeals · Jan 6, 1953

Traffenstedt v. State, 34 Ala.App. 273 , 38 So.2d 619 ; Aldridge v. State, supra; Bruce v. State, 22 Ala.App. 440 , 116 So. 511 . … Co. v. Atkinson, 20 Ala.App. 620 , 104 So. 835 . The court excluded from the jury a statement by appellant’s attorney that the outboard motor and sugar found at the still place went to the A. B. C. Board.

Liberty Nat. Life Ins. Co. v. Winfield

37 Ala. App. 575 · Alabama Court of Appeals · Apr 27, 1954

Liberty National Life Insurance Co. v. Trammell, 35 Ala.App. 300 , 51 So.2d 167 . To avoid the policy the unsound health must be such as to increase the risk of loss. Brown-Service Ins. Co. v. … In the case of Grabove 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.

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.

St. Louis & San Francisco R. R. v. Hunt

6 Ala. App. 434 · Alabama Court of Appeals · Nov 19, 1912

It is impossible for the general manager, the president of the company, or its board of directors to order what shall be done or how or by whom it shall be done. … Co. v. Westmoreland, 151 Ala. 319 , 44 South. 382 ; B’ham Waterworks Co. v. Martini, 2 Ala. App. 652, 56 South. 830 ; W. U. Tel. Co. v. Rowell, 153 Ala. 295 , 45 South. 73 . 5.

Atlantic Coast Line R. Co. v. Jones

16 Ala. App. 447 · Alabama Court of Appeals · Feb 12, 1918

BROWN, P. J. … Co. v.

White v. State

18 Ala. App. 275 · Alabama Court of Appeals · Jun 14, 1921

premises they found a wagon and mules tracks leading through and from defendant's lot down to a ditch, some 300 yards from defendant's house, where they found a place where fire had been built a considerable time, broken up boards … Acts 1915, p. 722; Crawley v. State, 16 Ala. App. 545 , 79 So. 804 , and cases cited. No error appearing in the record, the judgment of the circuit court is affirmed. Affirmed. On Rehearing.

Foye v. State

24 Ala. App. 572 · Alabama Court of Appeals · Jan 12, 1932

Dobson came to my boarding house about noon one day and wanted to have some agreement or some satisfaction about the timber that had been cut on his land, ¿nd I said, well, Mr. … McWhorter v. State, 21 Ala. App. 684 , 105 So. 925 . Reversed and remanded.

Barnes v. State Department of Corrections

751 So. 2d 24 · Alabama Court of Appeals · Jul 16, 1999

He cites Fountain v. State, 648 So.2d 591 (Ala.Civ.App.1994), and Perry v. … The Court of Criminal Appeals held that because the petition was unrebutted by the Board, and the trial court was not supplied a “written statement by the factfinders [i.e., the Board of Corrections] as to the evidence relied

McQuirter v. State

36 Ala. App. 707 · Alabama Court of Appeals · Feb 17, 1953

As she passed the truck appellant said something unintelligible, opened the truck door and placed his foot on the running -board. Mrs. … Burton v.

Usher v. Department of Industrial Relations

37 Ala. App. 698 · Alabama Court of Appeals · Nov 11, 1952

Michigan Unemployment Compensation Commission, 313 Mich. 472 , 21 N.W.2d 820 ; Auker v. Review Board, Indiana Employment Security Division, 117 Ind. App. 486 , 70 N.E.2d 29 , 71 N.E.2d 629 ; Copen v. Hix, 130 W. … Robertson v. McGough, 118 Ala. 159 , 24 So. 395 ; State v. Praetorians, 226 Ala. 259 , 146 So. 411 ; State v. Tuscaloosa Bldg.

Parsons v. State

32 Ala. App. 266 · Alabama Court of Appeals · Jan 22, 1946

Burton v. State, 115 Ala. 1 , 22 So. 585 ; King v. State, 19 Ala. App. 153 , 96 So. 636 ; Cooley v. State, 7 Ala. App. 163 , 62 So. 292 ; Bedsole v. State, 22 Ala. 274 , 114 So. 786 ; Harden v. … Brown v. State, 21 Ala. App. 611 , 110 So. 694 . Charges 12 and 13 omit the necessary qualifying word "willfully." Prater v. State, 107 Ala. 26 , 18 So. 238 ; Dinkins v. State, 21 Ala. App. 206 , 106 So. 621 .

Fallon v. Hackney

41 Ala. App. 293 · Alabama Court of Appeals · Oct 13, 1959

See, also, Jackson v. Parker, 153 Fla. 622 , 15 So.2d 451 ; Kline v. McElroy, Mo. App., 296 S.W.2d 664 . … Brown v. First National Bank of Montgomery, 261 Ala. 565 , 75 So.2d 141 .

Patterson v. City of Sylacauga

40 Ala. App. 239 · Alabama Court of Appeals · Apr 7, 1959

Lee, and Howard Bonds, two agents of the Alabama Alcoholic Control Board, he went to the home of this appellant to make a search for prohibited liquors. … Speck v. State, 34 Ala.App. 325 , 41 So.2d 198 . Passive resistance, such as standing in the way of the officer and telling him he cannot search the premises is an opposing of the officer in carrying out his duties.

Gayden v. State

38 Ala. App. 39 · Alabama Court of Appeals · Aug 31, 1954

In the case of Watt v. … We held in Bazzell v.

Smith v. State

28 Ala. App. 506 · Alabama Court of Appeals · May 9, 1939

Sims v. State, 100 Ala. 23 , 14 So. 560 ; Mims v. State, 141 Ala. 93 , 37 So. 354 ; Cory v. State, 22 Ala.App. 341 , 115 So. 700 ; Buf *509 ford v. State, 23 Ala.App. 521 , 128 So. 126 ; Miller v. … Such power rests-with his excellency, the Governor, and to him and his advisory pardoning board matters of this nature must be presented if so desired by the interested parties. Harper v.

Marsh v. State

16 Ala. App. 597 · Alabama Court of Appeals · May 28, 1918

BROWN, P. J. [1] In the absence of a motion for a severance by one of the defend *598 ants, it was within the discretion of the trial court to proceed with the trial of tl\e defendants jointly or severally. Wilkins v. … Overstreet v. State, 46 Ala. 30 ; Jones v. State, 13 Ala. App. 10 , 68 South. 690 .

Murphy v. State

42 Ala. App. 60 · Alabama Court of Appeals · Apr 2, 1963

Morris v. State, 234 Ala. 520 , 175 So. 283 . It is our conclusion that appellant’s second insistence of error is likewise without merit. The defendant testified it was at Mr. … Dudley v. State, 185 Ala. 27 , 64 So. 309 ; Roan v. State, 225 Ala. 428 , 143 So. 454 ; Brown v. State, 249 Ala. 5 , 31 So.2d 681 . In Bessierre v. Ala. City G. & A. R. R.

Riley v. Srofe

35 Ala. App. 222 · Alabama Court of Appeals · Mar 21, 1950

Board of Education of Elmore County, 221 Ala. 483 , 129 So. 42 . *225 We are not unmindful of the rule which provides that because the trial judge saw and heard the witnesses a presumption is indulged in favor of his ruling … Co. v. Watts, 12 Ala.App. 518 , 67 So. 758 ; U. S. Lumber & Cotton Co. v. Cole, 202 Ala. 688 , 81 So. 664 ; Southern R. Co. v. Lewis, 165 Ala. 451 , 51 So. 863 ; Gambill v. Cooper, 159 Ala. 637 , 48 So. 691 ; Hutto v.