207 Ala. 588
93 So 548
Decided May 25, 1922
Supreme Court of Alabama · decided 1922-05-25
Key passage — most relied on by later courts
“rule provides in effect that it need not be applied in any case in which the ends of justice may appear to require further consideration.”
quoted by 1 later decision, including 22 Ala. App. 269 - Wells Co. v. Lane
Good law ✅— No negative treatment on recordhow we know
Decided 1922-05-25
Cited by 8 later decisions — most recently January 1964
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1 The court is of the opinion that rule 38 (198 Ala. xiii, 83 South, vi) obtains in criminal as in civil' cases; but the court notes that the rule provides in effect that it need not be applied in any case in which the ends of justice may appear to require further consideration.
¶2 Let this opinion be certified to the Court of Appeals.