Opinion
6 Div. 259.
October 20, 1921.
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge.
Mathews Mathews, of Bessemer, for appellant.
The defendant's answer was subject to the demurrers interposed. 103 Ala. 497, 15 So. 741; 41 Ala. 310; (Ala. Sup.) 31 So. 109; Gen. Acts 1919, p. 228. The court should have rendered judgment for the amount accrued. 14 C. J. 723-727; Gen. Acts 1919, p. 225.
Tillman, Bradley Baldwin, of Birmingham, for appellee.
The remedy was by certiorari and not by appeal. Woodward Iron Co. v. Bradford, ante, p. 447, 90 So. 803; 3 C. J. 300 and 316; 188 Ala. 650, 65 So. 964; Acts 1919, p. 225. It follows that the appeal is improper.
This appeal was submitted under rule 46 of Supreme Court Practice (65 South. vii), and the opinion of the court delivered by
178 Ala. xix.
A primary question presented is: Can a party to a proceeding under the Workmen's Compensation Act (Gen. Acts 1919, p. 206 et seq.) appeal from a judgment rendered by the circuit court, or is the sole revisory remedy by certiorari?
The rulings sought to be presented in this court for review by appeal, rather than by certiorari, will not be considered, on the authority of Woodward Iron Co. v. Bradford, 90 So. 803. A question of jurisdiction being presented, and which may not be waived by consent, the appeal will be dismissed ex mero motu.
Ante, p. 447.
Appeal dismissed.
ANDERSON, C. J., and McCLELLAN and SOMERVILLE, JJ., concur.