Morris Adler Co. v. J. E. Jones Co.

10 Citing cases

  1. American Life Ins. Co. v. Aladdin Temple Ben. Ass'n

    191 So. 903 (Ala. 1939)   Cited 4 times

    This is not an action upon an unlawful contract, but disaffirms it. The money was paid to appellant without any authority, and in such a case, independently of the contract, the law enforces its return. Morris Adler Co. v. J. E. Jones Co., 208 Ala. 481, 94 So. 816. "Appellant's alleged tender was of no avail to bar interest because it was not kept alive by paying the money into court under proper plea. No demand was necessary to authorize recovery of interest.

  2. Elmore v. State

    348 So. 2d 269 (Ala. 1977)   Cited 12 times

    It is well established that Alabama courts take judicial notice of the rules and regulations promulgated by federal administrative bodies under the authority of an Act of Congress. Lawrenceburg Roller Mills Co. v. Charles A. Jones Co., 204 Ala. 59, 85 So. 719 (1920); Morris Adler Co. v. J.E. Jones Co., 208 Ala. 481, 94 So. 816 (1922). Likewise, a federal court can take judicial knowledge of those matters accorded judicial notice by a state court.

  3. Prestridge v. Garry

    36 So. 2d 328 (Ala. 1948)

    Lusk, Swann Burns, of Gadsden, for appellants. Before a mortgage providing for future additional advances may be recorded, so as to make the same constructive notice to third parties, the provisions of Code 1940, Title 51, ยง 619, must be complied with. Code 1940, Tit. 47, ยงยง 95, 102; Crosland v. Federal Land Bank, 207 Ala. 456, 93 So. 7; Thompson v. Smith, 234 Ala. 409, 174 So. 797; Hawkins v. Pure Oil Co., 232 Ala. 660, 169 So. 307; Orr v. Sutton, 119 Minn. 193, 137, N.W. 973, 42 L.R.A., N.S., 146; Morris Adler Co. v. J. E. Jones Co., 208 Ala. 481, 94 So. 816; 45 Am.Jur. 454; 41 C.J. 499. Section 619(b), Title 51 of the Code requires as a condition precedent to filing the instrument that the required tax be paid and that the department of revenue be petitioned to fix the amount of tax on the indebtedness incurred subsequent to execution of the mortgage. Mortgages of this type are a recognized form of security.

  4. State v. Friedkin

    244 Ala. 494 (Ala. 1943)   Cited 52 times
    In State v. Friedkin, 244 Ala. 494, 14 So.2d 363, 366, this court cited with approval Parke v. Bradley, 204 Ala. 455, 86 So. 28 in the following language: "The power to make rules conferred by the Chiropody Act is well within legislative competency to delegate to the board.

    To the same effect is Lovett v. State, 30 Ala. App. 334, 6 So.2d 437, certiorari denied 242 Ala. 356, 6 So.2d 441. For the same and other reasons we take judicial notice of the rules and regulations promulgated by authority of an act of Congress. Lawrenceburg Roller Mills Co. v. Jones Co., 204 Ala. 59, 85 So. 719; Adler Co. v. Jones Co., 208 Ala. 481, 94 So. 816. Also of proclamations and messages of the governor, Carnley v. Brunson, 227 Ala. 197, 149 So. 87; as we did of the bank moratorium, King v. Porter, 230 Ala. 112, 160 So. 101; Hamilton v. James, 231 Ala. 668, 166 So. 425; and of the President of the United States, Louisville N. R. Co. v. Shikle, 206 Ala. 494, 90 So. 900, and of rules promulgated by the A. B. C. Board, Hardin v. State, 241 Ala. 4, 3 So.2d 89. But not of ordinances of city unless so expressed in legislative enactment.

  5. Hinkle v. Railway Express Agency

    242 Ala. 374 (Ala. 1942)   Cited 29 times
    In Hinkle v. Railway Express Agency, 242 Ala. 374, 6 So.2d 417 (1942), this Court stated: "A person cannot maintain a cause of action if, in order to establish it, he must rely in whole or part on an illegal or immoral act or transaction to which he is a party."

    State courts take judicial notice of rules and regulations promulgated by authority of congressional act, but such notice is not taken of an abandonment of such rule or regulation or the fact that none exists. Morris Adler Co. v. J. E. Jones Co., 208 Ala. 481, 94 So. 816. Plaintiff's complaint must allege facts showing non-action by the United States Secretary of Agriculture. Morris Adler Co. v. J. E. Jones Co., supra. The doctrine of volenti non fit injuria is the law of this State. He who consents cannot receive an injury. Birmingham Railway Electric Co. v. Allen, 99 Ala. 359, 18 So. 8, 20 L.R.A. 457; 1 C.J. 971, ยง 65; Law v. Gulf States Steel Co., 229 Ala. 305, 156 So. 835; Sovereign Camp, W. O. W. v. Feltman, 232 Ala. 570, 169 So. 9; Roberts v. Roberts, 55 Ga. App. 456, 190 S.E. 442; Baldwin v. Lev, 163 Misc. 929, 297 N.Y.S. 963; Rust v. Newby, 171 Tenn. 127, 100 S.W.2d 989. Plaintiff violated provisions of Section 304, Agricultural Code by introducing into this State or moving the plants in question. A good cause of action cannot be founded on fraud or illegality because the parties are in pari delicti.

  6. West v. State

    242 Ala. 369 (Ala. 1942)   Cited 14 times

    All reasonable rules and regulations promulgated by the State Department of conservation have the force and effect of law, and the courts may take judicial notice of them. Gen.Acts 1935, p. 637, ยง 23; Gen. Acts 1939, p. 256, ยงยง 4, 7; Code 1940, Tit. 8, ยง 21; Lawrenceburg Roller Mills Co. v. Chas. A. Jones Co., 204 Ala. 59, 85 So. 719; Adler Co. v. J. E. Jones Co. 208 Ala. 481, 94 So. 816; Cook v. Donner, 145 Kan. 674, 66 P.2d 587, 110 A.L.R. 244; Moon v. Hines, 205 Ala. 355, 87 So. 603, 13 A.L.R. 1020; 23 C.J. 99, ยง 1397; 1 Jones on Evi. 209, ยง 122; 12 Third Decennial Dig. Evi. 47; 13 Fourth Decennial Dig. Evi. 47. GARDNER, Chief Justice.

  7. Lane v. Hamilton Trust Co. of Paterson

    157 A. 855 (N.J. 1932)

    Of course, if the proposed composition is small enough, credit may be restored at the expense of the old creditors, but if the offer is fair to the creditors, it must represent approximately the liquidation value of the entire estate. Adler v. Jones,109 Fed. Rep. 967; Fleischmann Devine, Inc., v. Saul WolfsonDry Goods Co., 299 Fed. Rep. 15. Can it be supposed that a bankrupt corporation can secure funds sufficient to make such an offer on its general credit without the specific pledge of any of its property? I think not. The more a bankrupt is restricted in the amount it can borrow, the less it can offer its creditors. It needs no discussion to show that the abilty to give a mortgage, increases the borrowing capacity of the bankrupt. It seems clear to me that congress must have intended that a bankrupt corporation could mortgage its property or could sell it outright in order to realize funds for the purpose of a composition.

  8. Wood v. Traders' Securities Co.

    221 Ala. 629 (Ala. 1930)   Cited 6 times
    In Wood v. Traders' Securities Co., 221 Ala. 629, 130 So. 398, 400, where the suit was in separate counts upon five trade acceptances, each of which was less in amount than $50, the court stated: "But the aggregate of these acceptances was far in excess of this jurisdictional sum, and the counts seeking recovery upon such separate acceptances were properly joined in the complaint under the provisions of section 9466, Code 1923. The jurisdictional point is not well taken.

    The court erred in sustaining these objections. Southern Cotton Oil Co. v. Knox, 202 Ala. 694, 81 So. 656; Baker v. Lehman, Weil Co., 186 Ala. 493, 65 So. 321; Thomas v. Little, 209 Ala. 590, 96 So. 896; Long v. Holley, 177 Ala. 508, 58 So. 254; Johnson v. Hanover Bank, 88 Ala. 271, 6 So. 909; Morris Adler v. Jones, 208 Ala. 481, 94 So. 816; Oxford Iron Co. v. Quinchett, 44 Ala. 487; Town of Cotton v. Austin, 158 Ala. 117, 48 So. 345; Black v. Oliver, 1 Ala. 449, 35 Am. Dec. 38. We are not favored with brief for appellee, but a study of the record suggests reasons that doubtless prompted the rulings of the trial court.

  9. New York Penna. Co. v. Cunard Coal Co.

    286 Pa. 72 (Pa. 1926)   Cited 21 times
    Finding the parties in pari delicto when both plaintiff and defendant engaged in illegal transaction

    408. A contract founded on an act prohibited under penalty by statute is void: Morris Adler Co. v. Jones Co., 94 So. 816; Meridian Life Ins. Co. v. Dean, 182 Ala. 127; Neil v. Grocery Co., 210 P. 201. There can be no question as to the treatment accorded in law to the parties to illegal contracts, where they stand in pari delicto.

  10. Lovett v. State

    6 So. 2d 437 (Ala. Crim. App. 1942)   Cited 24 times

    And all such reasonable rules and regulations of the Alabama Alcoholic Beverage Control Board have the force and effect of law. Same Act, supra, p. 73, Sec. 36, Code 1940, Tit. 29, ยง 52. Likewise, the court will take judicial notice of such rules and regulations promulgated by the Board within the scope of its authority which have the same effect as law. Lum West et al. v. State, supra; 20 Am.Jur., Sec. 44, p. 67; Morris Adler Co. v. J.E. Jones Co., 208 Ala. 481, 94 So. 816; Lawrenceburg Roller Mills Co. v. Chas. A. Jones Co., 204 Ala. 59, 85 So. 719. Ante, p. 318.