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Section 6-8-101 - Litigation on Merits After Loss on Certain Defenses Not Bar to Raising of Same Defenses on Appeal — Alabama Law | CourtGPT
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Alabama Legal Code

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

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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.

Source: https://alison.legislature.state.al.us/code-of-alabama?section=6-8-101· Version 2026