Summary
In Hall v. State, 222 Ala. 26, 130 So. 533, 534, the Supreme Court said: "Whether or not the rule should be applied and enforced in the particular case to which the rule applies was a matter addressed to the irrevisable discretion of the Court of Appeals."
Summary of this case from Metropolitan Life Ins. Co. v. MagouirkOpinion
6 Div. 773.
October 30, 1930.
Charlie C. McCall, Atty. Gen., Merwin T. Koonce, Asst. Atty. Gen., and Ben. G. Perry, Deputy Sol., and Arthur Green, Asst. Deputy Sol., both of Bessemer, for petitioner.
Rule 38 (198 Ala. xiii, 83 So. vi), providing that appellee cannot apply for a rehearing unless brief was filed upon original hearing within fifteen days after submission of the cause, applies in criminal as well as civil cases, but need not be applied in any case in which the ends of justice may appear to require further consideration. Caraway v. State, 207 Ala. 588, 93 So. 548.
Robert B. Harwood, of Tuscaloosa, and Ross, Bumgardner, Ross Ross, of Bessemer, opposed.
Brief did not reach the Reporter.
The Court of Appeals dismissed the state's application for rehearing because of a failure to comply with Rule 38, Supreme Court Practice. Code 1923, vol. 4, p. 891.
Whether or not the rule should be applied and enforced in the particular case to which the rule applies was a matter addressed to the irrevisable discretion of the Court of Appeals. Caraway v. State, 207 Ala. 588, 93 So. 548; Brewington v. State, 19 Ala. App. 409, 97 So. 763.
Writ denied.
ANDERSON, C. J., and SAYRE and THOMAS, JJ., concur.