554 So. 2d 996 - Walker v. Thompson’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Proper venue with respect to a foreign corporate defendant in Alabama is determined by Ala. Const.1901, as amended, § 232, and Ala.Code 1975, § 6-3-7. Before the adoption in 1987 of Amendment 473, amending § 232, that section allowed suit against a foreign corporation only ‘in [a] county where [the foreign corporation] does business,’ even if the foreign corporation was a co-defendant with a domestic corporation. Ex parte Harrington Mfg. Co., 414 So.2d 74 (Ala.1982). Amendment No. 473, however, changed § 232, in part, to allow suit against a foreign corporation ‘only in those counties where such suit would be allowed if the said foreign corporation were a domestic corporation.’ (Emphasis added [in Walker].) “In Ex parte Hideaway Harbor Resort, Inc., 533 So.2d 563 (Ala.1988), a domestic corporation, organized and registered to do business in Winston County, was a co-defendant with various individuals and foreign corporations in suits filed in Walker County. Although the other defendants were properly sued in Walker County, Hideaway contended that venue in Walker County was improper as to it, and moved to have the cases transferred to Winston County. The trial judge refused, and this Court denied Hideaway’s petition for a writ of mandamus ordering the trial court to transfer. “In refusing Hideaway the relief it sought, we held: “ ‘We agree with the respondents that Rule 82(c)[, AR.Civ.P.,] controls in this situation.... “ ‘Domestic corporations may be joined with other parties”

   2 later decisions quote this exact passage
   e.g. Taylor ex rel. Curry v. Parker · Ex Parte Fontaine Trailer Co.

2. “"If I understand the reasoning of the majority, it is based upon the reasoning that, even though Amendment No. 473 states that a suit can be filed against a foreign corporation `only in those counties where such suit would be allowed if said foreign corporation were a domestic corporation' and even though § 6-3-7 [, Ala. Code 1975,] provides that `all actions against a domestic corporation for personal injuries must be commenced in the county where the injury occurred or in the county where the plaintiff resides if such corporation does business by agent in the county of the plaintiff's residence,' this Court's Rule 82(c), Ala.R.Civ.P., is controlling. "The power of this Court, by a rule of procedure, to affect the venue of actions has always been troubling. Amendment 328, § 6.11, which grants this Court rule-making power, specifically states `that such rules shall not abridge, enlarge or modify the substantive right of any party nor affect the jurisdiction of circuit or district courts or venue of actions therein .' (Emphasis added [in Walker ].) Section 6.11 also provides that the rules adopted by the Court `may be changed by a general act of statewide application.' "The so-called `tort reform' legislation, a general act of statewide application, dealt significantly with the question of the proper venue of civil lawsuits. This action is controlled by some of that legislation, and the trial court was well within its power to order the transfer of this action to Autauga Count”

   2 later decisions quote this exact passage
   e.g. Taylor ex rel. Curry v. Parker · Ex Parte Fontaine Trailer Co.

3. “"Any foreign corporation, whether or not such corporation has qualified to do business in this state by filing with the secretary of state a certified copy of its articles of incorporation or association may be sued only in those counties where such suit would be allowed if the said foreign corporation were a domestic corporation."”

   2 later decisions quote this exact passage
   e.g. Taylor ex rel. Curry v. Parker · Ex Parte Fontaine Trailer Co.