Opinion
7 Div. 978.
October 9, 1930.
Rutherford Lapsey, of Anniston, for appellant.
In support of the petition counsel cites Finney v. Long, 216 Ala. 628, 114 So. 200; Cleveland Ldy. Co. v. Southern S.C. C. Co., 204 Ala. 297, 85 So. 535.
Merrill, Jones Whiteside, of Anniston, for appellee.
The Supreme Court will not examine into the facts as shown by the bill of exceptions to pass upon the opinion of the Court of Appeals, and its findings on facts will not be reviewed. Ex parte Galloway, 209 Ala. 469, 96 So. 369; Ex parte Sovereign Camp, 205 Ala. 316, 87 So. 620; Postal Tel. Co. v. Minderhout, 195 Ala. 420, 71 So. 91; Wood v. Hacker, 219 Ala. 439, 121 So. 441; Douglass v. Orman, 218 Ala. 563, 119 So. 605; Jackson v. State, 217 Ala. 563, 117 So. 157; Whorten v. State, 214 Ala. 68, 106 So. 344; Ex parte Harris T. W. Co., 214 Ala. 6, 106 So. 223; Seaboard A. L. v. Savage, 214 Ala. 639, 108 So. 620; Bolen Bros. v. Miller, 218 Ala. 12, 117 So. 462; Campbell v. State, 216 Ala. 295, 112 So. 902.
The Court of Appeals interprets the evidence as bringing the case within the influence of the authority of Finney v. Long, 216 Ala. 628, 114 So. 200, and De Hart v. Johnson, 201 Ala. 497, 78 So. 851.
Petitioner argues the facts as not coming within these authorities, but this overlooks the well-settled limitation of review by this Court of the Court of Appeals to questions of law and not of fact. We express no opinion as to reason 1 and 3 as found in the opinion of the Court of Appeals, but rest a denial of the writ upon a consideration of the second reason as therein set forth.
Writ denied.
ANDERSON, C. J., and GARDNER, BOULDIN, and FOSTER, JJ., concur.