Brannon v. McGowan

I must respectfully dissent because it is the province of the legislative branch, not the judicial branch, to deviate from the common law. Ala.Code 1975, § 1-3-1 states:

“The common law of England, so far as it is not inconsistent with the Constitution, laws and institutions of this state, shall, together with such institutions and laws, be the rule of decisions, and shall continue in force, except as from time to time it may be altered or repealed by the legislature.”

Our supreme court has held that it is “compelled to follow the common law on any subject when the same has not been changed by…