Case law

Hubbard v. State

36 Ala. App. 110 · Alabama Court of Appeals · Jun 12, 1951

Brake v. State, 8 Ala.App. 98 , 63 So. 11 ; Shikles v. State, 31 Ala.App. 423 , 18 So.2d 412 . ■ In the cases of Burton v. State, 107 Ala. 108 , 18 So. 284 , and Brown v. … However, in Shelton v. State, 144 Ala. 106 , 42 So. 30 , the court expressly overruled the Brown case- with reference to the instruction in question. In Amos v.

Birmingham Ry., L. & P. Co. v. Smith

14 Ala. App. 264 · Alabama Court of Appeals · Oct 19, 1915

—Fike v. Stratton, 174 Ala. 559 , 56 South. 929 ; Brooklyn Life Ins. Co. v. … the car, or as to the particular car to be boarded, it did not appear from the complaint, and, not appearing, it was defendant’s duty to plead such limitation or condition (Fike v.

Johnson v. State

36 Ala. App. 634 · Alabama Court of Appeals · Dec 9, 1952

Freeland v. State, 26 Ala.App. 74 , 153 So. 294 ; Brown v. State, 33 Ala.App. 97 , 31 So.2d 670 ; Powell v. State, 33 Ala.App. 522 , 35 So.2d 367 . … Written instruction numbered 16, refused to defendant, was approved in some of the early cases, but the courts abandoned this view and expressly overruled these cases in Brown v. State, 142 Ala. 287 , 38 So. 268 .

White v. State

12 Ala. App. 160 · Alabama Court of Appeals · Apr 8, 1915

BROWN, J. This case is submitted on the motion of the attorney general to dismiss the appeal on the ground that there has been a discontinuance of the appeal. … State, 182 Ala. 18 , 62 South. 59 , Ex parte Williams, 182 Ala. 34 , 62 South. 63 , and Cudd v.

Houlton v. City of Montgomery

16 Ala. App. 686 · Alabama Court of Appeals · Feb 11, 1919

BROWN, P. J. There are no assignments of error on the record, and nothing presented for review. Craig v. City of Birmingham, 14 Ala. App. 630 , 71 South. 983 . Affirmed.

Lewis v. State

14 Ala. App. 72 · Alabama Court of Appeals · Apr 20, 1916

—Moulton v. State, 88 Ala. 119 , 6 South. 758 , 6 L. R. A. 301; Lewis v. State, 13 Ala. App. 31 , 68 South. 792 . … —Williams v. State, 161 Ala. 52 , 50 South. 59 ; Phillips v. State, 162 Ala. 14 , 50 South. 194 . Charge 4 was well refused. —Stevens v. State, 6 Ala. App. 6 , 60 South. 459 ; Welch v.

Deas v. Garrett & Mason

16 Ala. App. 572 · Alabama Court of Appeals · Nov 19, 1918

BROWN, P. … Code 1907, § 2890; Jean v. Sandiford, 39 Ala. 317 ; Kyle v. Caravello, 103 Ala. 150 , 15 South. 527 ; Reynolds v.

Griffin v. State

30 Ala. App. 194 · Alabama Court of Appeals · May 20, 1941

Wimbish v. Montgomery Mut. Bldg. & Loan Ass’n, 69 Ala. 575 ; Moses Bros. v. Johnson, 88 Ala. 517 , 7 So. 146 , 16 Am.St.Rep. 58 ; Loventhal v. Home Ins. … See also Beatty v. Brown, 76 Ala. 267 . In order to sustain the present prosecution, there must have been a wrongful entry upon the land of another and the cutting of growing timber thereon with larcenous intent.

Birmingham Water Works Co. v. Keiley

2 Ala. App. 629 · Alabama Court of Appeals · Nov 23, 1911

—Smith v. Birmingham Waterworks Co., supra; State ex rel. v. Birmingham Waterworks Co., 164 Ala. 586 , 51 South. 354 , 27 L. R. A. (N. S.) 674 137 Am. St. Rep. 69 ; Brown v. … Co. v. Seed, 115 Ala. 670 , 22 South. 474 ; Mobile Furniture Co. v. Little 108 Ala. 399 , 19 South. 443 . 3. In the case of Lienkauf & Strauss v.

Perry v. State

1 Ala. App. 253 · Alabama Court of Appeals · May 31, 1911

—Williams v. State, 117 Ala. 199 , 23 South. 42 . A prosecution for a violation of a municipal ordinance is statutory, and quasi criminal in its nature (Camden v. Bloch, 65 Ala. 236 ; Brown v. … Mobile, 23 Ala. 722 ; Mobile v. Jones, 42 Ala. 630 ), and is not a criminal case covered by the provisions of chapter 162 of the Code relating to appeals and writs of error in such cases.

Florida Nursery & Trading Co. v. Watson

16 Ala. App. 159 · Alabama Court of Appeals · May 29, 1917

BROWN, P. J. [1] This appeal is prosecuted from a judgment by default against the appellant, a corporation. … Hodge v. Tufts, 115 Ala. 366 , 22 South. 422 ; Burgess Case, 115 Ala. 468 , 22 South. 282 ; Brown v. State, 109 Ala. 70 , 20 South. 103 ; Lunsford v. Dietrich, 86 Ala. 250 , 5 South. 461 , 11 Am. St. Rep. 37 .

Oldacre v. State

16 Ala. App. 151 · Alabama Court of Appeals · May 8, 1917

Brewer v. State, 83 Ala. 113 , 3 South. 816 , 3 Am. St. … Acts 1915, p. 44, § 12; O’Rear v. State, 15 Ala. App. 17 , 72 South. 505 ; Howard v. State, 15 Ala. App. 411 , 73 South. 559 ; Moragne v. State, ante, p. 26, 74 South. 862 .

Varner v. State

43 Ala. App. 48 · Alabama Court of Appeals · Oct 5, 1965

Ed.2d 41 ; Brown v. State, 277 Ala. 353 , 170 So.2d 504 . … See Brown v. State, supra. Thus, we consider that the judgment below should be and the same is hereby. Reversed and remanded.

Johnson v. State

16 Ala. App. 148 · Alabama Court of Appeals · May 29, 1917

BROWN, P. J. On the authority of Thomas v. State, 75 South. 821 , 1 present term, the judgment of the circuit court is reversed, and a judgment here rendered discharging the defendant.

Davis v. State

8 Ala. App. 147 · Alabama Court of Appeals · Jun 27, 1913

The first of these is refused charge No. 2, which we find to have been approved in Brown v. State, 118 Ala. 111 , 23 South. 81 . … Refused charge No. 17, while also approved in Brown v.

Sparks v. State

37 Ala. App. 631 · Alabama Court of Appeals · Mar 3, 1953

Mooneyham v. State, 35 Ala.App. 576 , 50 So.2d 792 ; Brown v. State 33 Ala.App. 152 , 31 So.2d 652 . Answer to question was given before objections were interposed. Bryant v. State, Ala.App., 52 So.2d 403 ; Holmes v. … Brown v. State, 27 Ala.App. 32 , 165 So. 405 ; Nichols v. State, 27 Ala.App. 435 , 173 So. 652 .

Brandon v. State

27 Ala. App. 321 · Alabama Court of Appeals · Mar 17, 1936

officers de facto, and that the acts of the board as a de facto court are binding upon the county. … We quote from the opinion of Judge Brown, in the case of Harwell v. State, 12 Ala.

Rountree v. State

20 Ala. App. 225 · Alabama Court of Appeals · Aug 19, 1924

State, 210 Ala. 320 , 97 South. 903 , in which a similar charge was discussed: “The Court of Appeals is sustained by the case of Brown v. State, 118 Ala. 111 , 23 South. 81 , approving charge 6. … The Brown Case, supra, has not been expressly overruled on this point, and we followed that case in Baker v. State, 97 South. 901 . 1 'We follow the Supreme Court in Ex parte Baker ex rel. Atty.

State v. Roden

15 Ala. App. 385 · Alabama Court of Appeals · Nov 14, 1916

It is only as to the probable sufficiency of the notice that I disagree with Judge BROWN. … Indeed, must it not necessarily have such jurisdiction, to meet the rule of Alford v. Hicks, supra ?

McLemore v. State

26 Ala. App. 228 · Alabama Court of Appeals · Jun 27, 1934

Harroway v. State, 18 Ala. App. 665 , 94 So. 183 ; Holladay v. State, 21 Ala. App. 405 , 108 So. 641 . … This does not mean three of ten; it means the board, which in this case was ten.