Ex parte Galloway

• Decision Date: 26 April 1923
• Docket Number: 3 Div. 612.
• Citation: 209 Ala. 469,96 So. 369
• Parties: EX PARTE GALLOWAY.
• Court: Alabama Supreme Court

96 So. 369

209 Ala. 469

EX PARTE GALLOWAY.

3 Div. 612.

Supreme Court of Alabama

April 26, 1923

Rehearing Denied May 17, 1923.

Certiorari to Court of Appeals.

In action by H. L. Galloway against J. K. Day. Judgment for plaintiff was reversed and remanded by the Court of Appeals (96 So. 365). Petition of H. L. Galloway for certiorari. Writ denied.

Weil, Stakely & Vardaman, of Montgomery, for petitioner.

L. A. Sanderson, of Montgomery, opposed.

McCLELLAN, J.

Petition for certiorari to review the judgment of reversal entered by the Court of Appeals in the appeal of Day v. Galloway, 96 So. 365. The Court of Appeals held that the trial court erred in giving the general affirmative charge for the plaintiff, appellee. This conclusion involved, necessarily, a finding of fact, to review or revise which this court will not exert its powers or authority through certiorari. Ex parte Steverson, 177 Ala. 384, 389, 58 So. 992; Ex parte Williams, 182 Ala. 34, 37, 62 So. 63; 13 Mich. Ala. Dig. 433. There is presented a nonreviewable question only; and, without passing upon the matter in any way, the writ is denied.

Writ denied.

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