401 So. 2d 64 - Ex Parte Nix’s Empirical Analysis

Citation profile

10 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Under Alabama law, if a complaint contains a claim for relief that is supported by the evidence and one that is not, the defendant must challenge the claim not supported by the evidence by way of a motion for directed verdict, specific to the claim not supported by the evidence, and setting out the grounds for such motion with specificity. See, Chandler v. Hunter , 340 So.2d 818 (Ala.Civ.App. 1976); Nashville, C. St. L. Ry. v. Farell Braley , 14 Ala. App. 380 , 70 So. 986 (1915). Otherwise, if both claims go to the jury, and if a general verdict is returned, the court will presume that the verdict was rendered on the valid claim. Thrasher v. Darnell , 275 Ala. 570 , 156 So.2d 922 (1963); Holley v. Crow , 355 So.2d 1123 (Ala.Civ.App. 1978); Bank of Huntsville v. Witcher , 336 So.2d 1384 (Ala.Civ.App. 1976). Because defendant's motion for directed verdict was specific as to the misrepresentation claim, alleging that plaintiffs failed to produce even a scintilla of evidence of misrepresentation, the Court of Civil Appeals' reversal of the judgment, 401 So.2d 62 , was proper, and there is no need for the writ of certiorari to issue."”

   1 later decision quote this exact passage
   e.g. 460 So. 2d 139 - ARMY AVIATION CTR. FED. CREDIT U. v. Poston