Opinion
2 Div. 165.
October 10, 1940. Rehearing Denied February 27, 1941.
Richard Hail Brown and Reuben Bell, both of Birmingham, for petitioner.
On certiorari when there is no dispute about the facts, the Supreme Court will examine the record. It will always look to the record about which there can be no dispute. So. B. L. Asso. v. Holmes, 227 Ala. 1, 149 So. 861; Cranford v. Nat. Surety Co., 231 Ala. 636, 166 So. 721; Fair-banks-Morse Co. v. Dees, 220 Ala. 604, 126 So. 621.
When the opinion of the Court of Appeals makes reference to the record the Supreme Court will go to the record to determine to what the Court of Appeals referred. Cranford v. Nat. Surety Co., supra; Ballenger Const. Co. v. Walters Const. Co., 236 Ala. 548, 184 So. 275.
It is not necessary that the Court of Appeals make a finding of facts in its opinion in order to give the Supreme Court jurisdiction on certiorari. Authorities, supra; Hood v. State, 230 Ala. 343, 162 So. 543.
Coleman, Spain, Stewart Davies and Ralph B. Tate, all of Birmingham, for respondent.
Petitioner complains that the Court of Appeals reached the wrong result on a question of fact and application of the law to facts not found by the Court of Appeals and set out in the opinion. No holding of that Court on a question of law is contended to be erroneous or application of law to facts found. The writ will therefore not issue. Postal Tel.-Cable Co. v. Minderhout, 195 Ala. 420, 71 So. 91; Hill Gro. Co. v. Ligon, 231 Ala. 141, 164 So. 219; Payne v. Boutwell, 231 Ala. 311, 164 So. 755.
According to the uniform ruling of this Court, in cases brought before the Supreme Court by certiorari to review the opinion and judgment of the Court of Appeals, we accept the findings of facts made by the Court of Appeals as conclusive, and only review questions of law, and the application of the same to the facts found by the Court of Appeals. Postal Telegraph-Cable Co. v. Minderhout, 195 Ala. 420, 71 So. 91; Hill Grocery Co. v. Ligon, 231 Ala. 141, 164 So. 219; Payne v. Boutwell, 231 Ala. 311, 164 So. 755. The record presents nothing reviewable by this Court, and the petition for writ of certiorari is denied. Authorities, supra.
Writ denied.
GARDNER, C. J., and BOULDIN and FOSTER, JJ., concur.