Carothers v. McNabb

Decision Date15 June 1927
Docket Number6 Div. 863
PartiesCAROTHERS v. McNABB.
CourtAlabama Supreme Court

Appeal from Circuit Court, Cullman County; O. Kyle, Judge.

Action by W.L. McNabb against William Carothers. Judgment for plaintiff, and defendant appeals. Appeal dismissed.

Paine Denson, of Cullman, for appellant.

W. Marvin, Scott, of Cullman, for appellee.

SOMERVILLE, J.

The complaint in this case clearly appears upon its face to be filed under the Workmen's Compensation Act (Acts 1919, p. 206), and the proceedings and judgment are governed by the rules of law and practice applicable to such cases.

The judgment of the trial court can be reviewed here only by a writ of certiorari. The remedy by appeal, to which defendant has here resorted, is not available, and the appeal will be dismissed. Steagall v. Sloss-Sheffield S. & I. Co., 206 Ala. 488, 90 So. 871; Woodward Iron Co. v. Bradford, 206 Ala. 447, 90 So. 803.

Appeal dismissed.

ANDERSON, C.J., and THOMAS and BOULDIN, JJ., concur.

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3 cases
  • Birmingham Clay Products Co. v. White
    • United States
    • Alabama Supreme Court
    • January 26, 1933
    ... ... Court of Appeals within thirty days after the rendition of ... the judgment by the circuit court for the writ of ... certiorari." Carothers v. McNabb, 216 Ala. 366, ... 113 So. 298, is to the same effect ... While ... the statement in Continental Gin Co. v. Eaton, supra, may ... ...
  • Faddis v. Woodward Iron Co.
    • United States
    • Alabama Supreme Court
    • February 20, 1964
    ...as amended. Remedy by appeal is not available to review the judgment of a trial court in workmen's compensation cases. Carothers v. McNabb, 216 Ala. 366, 113 So. 298; Bessemer Engineering & Construction Co. v. Smith, 216 Ala. 348(7), 113 So. 290; Guntner v. Wofford & Co., 223 Ala. 420, 137 ......
  • Fields v. First Nat. Bank
    • United States
    • Alabama Supreme Court
    • June 15, 1927

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