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Ex Parte State ex Rel. Atlantic Coast Line R. Co.

Supreme Court of Alabama
Jun 22, 1950
47 So. 2d 251 (Ala. 1950)

Summary

In Ex parte Atlantic Coast Line R. Co., 190 Ala. 132, 67 So. 256, this court stated the rule that has long prevailed that the finding of fact by the Court of Appeals is conclusive. Ex parte Steverson, 177 Ala. 384, 58 So. 992. This rule has been consistently followed and applied in this jurisdiction.

Summary of this case from Milazzo v. State

Opinion

6 Div. 970.

June 22, 1950.

Petition for mandamus to J. Russell McElroy, Judge Circuit Court Tenth Judicial Circuit, County of Jefferson.

Graham, Bibb, Wingo Foster, of Birmingham, for petitioner.

Jackson, Rives Pettus, of Birmingham, for respondent.

Cabaniss Johnston, of Birmingham, amicus curiae.


The issues raised in this case are identical with the issues raised in the case of Ex parte State ex rel. Southern Railway Co., ante, p. 10, 47 So.2d 249.

It therefore follows as our conclusion that the respondent properly declined to entertain petitioner's motion. The writ of mandamus is denied.

Mandamus denied.

BROWN, FOSTER, LAWSON, SIMPSON and STAKELY, JJ., concur.


Summaries of

Ex Parte State ex Rel. Atlantic Coast Line R. Co.

Supreme Court of Alabama
Jun 22, 1950
47 So. 2d 251 (Ala. 1950)

In Ex parte Atlantic Coast Line R. Co., 190 Ala. 132, 67 So. 256, this court stated the rule that has long prevailed that the finding of fact by the Court of Appeals is conclusive. Ex parte Steverson, 177 Ala. 384, 58 So. 992. This rule has been consistently followed and applied in this jurisdiction.

Summary of this case from Milazzo v. State
Case details for

Ex Parte State ex Rel. Atlantic Coast Line R. Co.

Case Details

Full title:Ex parte STATE ex rel. ATLANTIC COAST LINE R. CO

Court:Supreme Court of Alabama

Date published: Jun 22, 1950

Citations

47 So. 2d 251 (Ala. 1950)
47 So. 2d 251

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