Case law

J.D.P. v. Montgomery County Board of Education

District Court, M.D. Alabama · Feb 23, 2021

McDowell v. … Co. v.

Zirnis v. Huntsville City Board of Education

District Court, N.D. Alabama · Jun 17, 2019

Furthermore, although the Board could have asserted its counterclaims in its Answer, “[t]he mere passage of time, without anything more, is an insufficient reason to deny leave to amend.” Floyd v. … Given their compulsory nature, preclusion of the Board’s counterclaims would prejudice the Board by preventing it from raising these claims in future litigation. See Southern Constr. Co., Inc. v.

Cabble v. State

114 So. 3d 855 · Court of Criminal Appeals of Alabama · Aug 24, 2012

See State v. Hill, 690 So.2d 1201, 1203 (Ala.1996); State v. Otwell, 733 So.2d 950, 952 (Ala.Crim.App.1999).” State v. Skaggs, 903 So.2d 180, 181 (Ala.Crim.App.2004). … In United States v.

Boswell v. First National Bank of Birmingham

375 So. 2d 469 · Court of Civil Appeals of Alabama · Aug 22, 1979

The trial court based its decision in granting the refund solely on the reasoning used in State v. Brown, 254 Ala. 215 , 48 So.2d 36 (1950). … However, the Revenue Department correctly states that the decision in State v. Brown is distinguishable from the case at bar, and thus is not applicable.

Barrett v. Rietta

207 Ala. 651 · Supreme Court of Alabama · Jun 8, 1922

According to the authority of Brown v. Birmingham, 140 Ala. 590 , 37 South. 173 ; Board of Commissioners, etc., v. Orr, 181 Ala. 308, 318, 319 , 61 South. 920 , 45 L. R. A. (N. … The subject of health menace with which these sections deal has received consideration in State v. O’Connor, 115 Minn. 339 , 132 N. W. 303 , 35 L. R. A. (N. S.) 1112, Ann Cas. 1912D, 955; State v. Normand, 76 N.

Zachery v. Coosa County Board of Education

District Court, M.D. Alabama · Feb 2, 2021

The Board and Board Superintendent Andi Wilson (“Wilson”) (collectively, “Defendants”) have moved for summary judgment as to Zachery’s claims. … In short, Zachery has not provided sufficient evidence to conclude, for summary judgment purposes, that the Board’s asserted justification is false or otherwise pretextual, see Reeves v.

BE v. Shelby County Board of Education

District Court, N.D. Alabama · Dec 4, 2020

v. … Cuesta v. School Bd. of Miami-Dade County, Fla., 285 F.3d 962, 966 (11th Cir. 1998) (quoting Brown v.

Boutwell v. State

432 So. 2d 531 · Court of Criminal Appeals of Alabama · May 31, 1983

We follow and repeat as applicable here what was held in Green v. … Sanders [v. State] 289 Ala. [224] at 228, 266 So.2d 802 .”

Gunaca v. State

383 So. 2d 590 · Court of Criminal Appeals of Alabama · May 6, 1980

The boat was brown and tan with an inboard-outboard engine. Wall had pointed this boat out to Anderson. Anderson boarded the boat to look for the boat's serial number. … Gullatt v. State , 24 Ala. App. 11 , 130 So. 169 , Fowler v. State , 100 Ala. 96 , 14 So. 860 , Leverette v. State , 18 Ala. App. 578 , 93 So. 347 , Viberg v. State , 138 Ala. 100 , 35 So. 53 , 100 Am. St.Rep. 22."

Wood v. Estes

224 Ala. 140 · Supreme Court of Alabama · Jan 21, 1932

Thompson v. Brown, 200 Ala. 382 -384, 76 So. 298 ; Worthington v. Miller. 134 Ala. 420 , 32 So. 748 ; Hudson v. Hudson, 204 Ala. 75 , 85 So. 282 ; Bank v. … Brown.

Home Ins. Co. v. Shriner

235 Ala. 165 · Supreme Court of Alabama · Dec 2, 1937

That he and Brown went to see Reynolds, who agreed to give them $25 each to burn up the store pursuant to his plans. … Co. v.

Jackson v. State

42 Ala. App. 570 · Alabama Court of Appeals · Feb 10, 1965

Justice Lawson, in Brown v. State, Ala., 170 So.2d 504 , cited State v. … Thus, in Martin v.

Bowden v. State

610 So. 2d 1256 · Court of Criminal Appeals of Alabama · Sep 18, 1992

from any Browning shotgun. … International Telecommunications Systems v. State of Alabama, 359 So.2d 364, 368 (Ala.1978). However, “[i]t is error for a court to allow an expert witness to testify outside his area of expertise.” Cook v.

Coleman v. Estes

281 Ala. 234 · Supreme Court of Alabama · Jun 22, 1967

Jackson v. Downey, 252 Ala. 649 , 42 So.2d 246 ; Lauderdale County Board of Education v. Alexander, 269 Ala. 79 , 110 So.2d 911 ; Tit. 7, § 1083, Code 1940. … English v. Progress Electric Light & Motor Co., 95 Ala. 259 , 10 So. 134 ; Hundley v. Harrison, 123 Ala. 292 , 26 So. 294 ; Dixie Ice Cream Co. v. Blackwell, 217 Ala. 330 , 116 So. 348 , 58 A.L.R. 1223 ; Brown v.

Hodges v. Elyton Land Co.

109 Ala. 617 · Supreme Court of Alabama · Nov 15, 1895

Dodson & Co. was a partnership composed of Dodson, Brown, and three other persons. … Salmon, 5 Gill & Johns. 314; Muller v. Dolshuetz, 89 Ill. 176 ; Sohier v. Loring, 6 Cush. 537 ; Kearsley v. Cole, 16 Mees. & Wels. 129; Rucker v. Robinson, 38 Mo. 154 ; Morse v.

United States v. City of Montgomery, Ala.

948 F. Supp. 1553 · District Court, M.D. Alabama · Dec 18, 1996

Those named as defendants were the City of Montgomery, Alabama, the Montgomery City-County Personnel Board, and the City of Montgomery Water Works and Sanitary Sewer Board. … James v. City of Montgomery After the fairness hearing, in James v.

Katz v. Alabama State Bd. of Medical Examiners

351 So. 2d 890 · Supreme Court of Alabama · Nov 10, 1977

As recently announced in Tillman v. … It is well settled law that due process must be observed by all boards, as well as courts. State Tenure Commission v. Madison County Board of Education , 282 Ala. 658 , 213 So.2d 823 (1968).

Browning v. Birmingham News

348 So. 2d 455 · Supreme Court of Alabama · Jun 10, 1977

As a result, the law in this state required that in order for Browning to have stated a cause of action against the Tarrant defendants it was necessary for him to have alleged and proved actual malice. Willis v. … In Gertz v.

Crawford v. State

48 Ala. App. 325 · Court of Criminal Appeals of Alabama · Jan 11, 1972

I This is a companion case to Brown v. … VI Virtually the same interrogation to effect compliance with Witherspoon v. Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 , was used here as is shown in Brown, (Mss. 6 Div. 128 Appendix).

Smith v. State

918 So. 2d 141 · Court of Criminal Appeals of Alabama · Feb 25, 2005

See, e.g., Drury Displays v. Board of Adjustment , 760 S.W.2d 112 , 114 (Mo. 1988) (en banc); In re Estate of Shaffer , 203 Kan. 264 , 454 P.2d 1 , 4-6 (1969); People v. … In Brown v. State , 458 N.E.2d 245 (Ind.Ct.App. 1983), the Indiana Court of Appeals stated: "Brown did not verify the petition for post-conviction relief. It was signed by counsel on his behalf.