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Johns v. Thomas H. Vaughn Co.

Supreme Court of Alabama
Dec 16, 1948
38 So. 2d 21 (Ala. 1948)

Opinion

6 Div. 806.

December 16, 1948.

J. H. Dinning, of Birmingham, for petitioner.

Frank M. James, of Birmingham, opposed.


A petition for writ of certiorari to the Court of Appeals must be presented on transcript paper and no such petition "shall be heard that is not so presented." Supreme Court Rule 36, Code 1940, Tit. 7, p. 1017.

The petition in the instant case, in violation of this rule, is on ordinary legal cap, in consequence of which it must be stricken. Ex parte Farley, Ala.Sup., 37 So.2d 440; Anderson v. State, Ala.Sup., 36 So.2d 244; Allen v. State, 249 Ala. 201, 30 So.2d 483; Peterson v. State, 248 Ala. 179, 27 So.2d 30.

Ante, p. 391.

Ante, p. 32.

Petition stricken.

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


Summaries of

Johns v. Thomas H. Vaughn Co.

Supreme Court of Alabama
Dec 16, 1948
38 So. 2d 21 (Ala. 1948)
Case details for

Johns v. Thomas H. Vaughn Co.

Case Details

Full title:JOHNS v. THOMAS H. VAUGHN CO

Court:Supreme Court of Alabama

Date published: Dec 16, 1948

Citations

38 So. 2d 21 (Ala. 1948)
251 Ala. 489

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