Legal Opinion · Dissent

Ex Parte Hunte

Supreme Court of Alabama

Decided July 1, 1983No. 81-933Published

1Dissent

I strongly disagree with the majority's reasoning in this case, which holds that venue is only proper in the county in which the application was filled out. I would hold that venue is proper in either the county in which the application was filled out, or in Montgomery County, where the application was received by the agency.

The language of the statute requires that the party make a "claim or application" for payment from the agency. Black's Law Dictionary (5th ed. 1979) defines an "application" as "A putting to, placing before, preferring a request or petition toor before a person."…

2Cases cited3 opinions

  1. Travis v. United StatesSupreme Court of the United States · 1961
  2. United States v. Samuel A. BithoneyCourt of Appeals for the Second Circuit · 1973
  3. Farley v. StateIndiana Supreme Court · 1960

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