Legal Opinion · Dissent

Fowler v. MacKentepe

Supreme Court of Alabama

Decided January 23, 1937No. 6 Div. 38Published

1DissentBrown, Justice

“Certainty to a common intent in pleading is essential to the due administration of justice, and it cannot be abolished. By certainty causes and issues are identified for the detennination of jurisdiction, and thereby the protection of .parties against repeated trials of the same case, the finality of elections of remedies, the comity of courts, and other conserving principles of procedure are assured. — 2 Hughes on Prop. 474. And, to come nearer to the needs of the instant case, certainty in some degree is required to give adversary parties reasonable notice of what they must be prepared to…

2Cases cited7 opinions

  1. Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
  2. Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
  3. Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
  4. Bradford v. SneedSupreme Court of Alabama · 1911
  5. Federal Land Bank of New Orleans v. MulkeySupreme Court of Alabama · 1934

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