Summary
In Ex parte Atlantic Coast Line R. Co., 190 Ala. 132, 67 So. 256, this court stated the rule that has long prevailed that the finding of fact by the Court of Appeals is conclusive. Ex parte Steverson, 177 Ala. 384, 58 So. 992. This rule has been consistently followed and applied in this jurisdiction.
Summary of this case from Milazzo v. StateOpinion
6 Div. 970.
June 22, 1950.
Petition for mandamus to J. Russell McElroy, Judge Circuit Court Tenth Judicial Circuit, County of Jefferson.
Graham, Bibb, Wingo Foster, of Birmingham, for petitioner.
Jackson, Rives Pettus, of Birmingham, for respondent.
Cabaniss Johnston, of Birmingham, amicus curiae.
The issues raised in this case are identical with the issues raised in the case of Ex parte State ex rel. Southern Railway Co., ante, p. 10, 47 So.2d 249.
It therefore follows as our conclusion that the respondent properly declined to entertain petitioner's motion. The writ of mandamus is denied.
Mandamus denied.
BROWN, FOSTER, LAWSON, SIMPSON and STAKELY, JJ., concur.