Alabama § 6-8-101 Litigation on Merits After Loss on Certain Defenses Not Bar to Raising of Same Defenses on Appeal

Alabama Statutes

§ 6-8-101 — Litigation on Merits After Loss on Certain Defenses Not Bar to Raising of Same Defenses on Appeal

Alabama § 6-8-101

Title 6Civil Practice

Ch. 8Miscellaneous Procedure

Art. 6Trials

This text of Alabama § 6-8-101 (Litigation on Merits After Loss on Certain Defenses Not Bar to Raising of Same Defenses on Appeal) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 6-8-101 (2026).

Text

A party may raise the defenses of (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, and (5) insufficiency of service of process and, losing thereon, proceed to litigate on the merits; and, losing on the merits, the party may appeal and, on appeal, attack the judgment both on the merits and on such grounds (1) through (5) as he urged below.

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A party may raise the defenses of (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, and (5) insufficiency of service of process and, losing thereon, proceed to litigate on the merits; and, losing on the merits, the party may appeal and, on appeal, attack the judgment both on the merits and on such grounds (1) through (5) as he urged below.

Legislative History

(Code 1852, §2255; Code 1867, §2658; Code 1876, §3007; Code 1886, §2692; Code 1896, §3305; Code 1907, §5370; Code 1923, §9517; Code 1940, T. 7, §242.)