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A. Diniaco Bros. v. Nelson

Supreme Court of Alabama
May 11, 1922
93 So. 921 (Ala. 1922)

Opinion

6 Div. 473.

May 11, 1922.

Appeal from Circuit Court, Jefferson County; Dan A. Greene, Judge.

Smith Morrow, of Birmingham, for appellant.

George P. Bondurant, of Birmingham, for appellee.


The appeal is from a judgment awarding compensation to an injured employé, under the Workmen's Compensation Act (Acts 1919, pp. 206-239). We have heretofore held that such a judgment can be reviewed only by the common-law writ of certiorari, and only as to errors apparent upon the record. Woodward Iron Co. v. Bradford, 90 So. 803 Appellant has availed himself of that remedy in this cause concurrently with this appeal, and thereby obtained relief from the erroneous judgment below. Ex parte A. Diniaco Bros., 93 So. 388. Under the rule stated, this appeal will be dismissed at the cost of appellant.

Appeal dismissed.

ANDERSON, C. J., and McCLELLAN and THOMAS, JJ., concur.


Summaries of

A. Diniaco Bros. v. Nelson

Supreme Court of Alabama
May 11, 1922
93 So. 921 (Ala. 1922)
Case details for

A. Diniaco Bros. v. Nelson

Case Details

Full title:A. DINIACO BROS. v. NELSON

Court:Supreme Court of Alabama

Date published: May 11, 1922

Citations

93 So. 921 (Ala. 1922)
208 Ala. 695