Raia v. Goldberg

Full title: Angelo RAIA v. David GOLDBERG

Court: Supreme Court of Alabama

Date published: Mar 25, 1948

34 So. 2d 625 (Ala. 1948)

34 So. 2d 625

Opinion

6 Div. 708.

March 25, 1948.

Chas. W. Greer, of Birmingham, for petitioner.

Silberman Silberman and Victor H. Smith, all of Birmingham, opposed.

Petition of Angelo Raia for certiorari to the Court of Appeals to review and revise the judgment and decision of that Court in the case of Raia v. Goldberg, 34 So.2d 620.

BROWN, Justice.

The only points presented for review relate to the sufficiency of the complaint against the defendant's demurrer and the right of the plaintiff to recover interest on the alleged unpaid installments. The question of the effect of the defendant's discharge in bankruptcy wherein the plaintiff was listed as a creditor is not presented and, as to that, we express no opinion.

As to the other questions, we are of opinion that, they are properly disposed of by the Court of Appeals and that the writ of certiorari is due to be denied and the petition therefor dismissed.

Certiorari denied and petition dismissed.

GARDNER, C. J., and LIVINGSTON and SIMPSON, JJ., concur.