Liberty Nat. Life Ins. Co. v. Stringfellow, 6 Div. 99
| Decision Date | 10 January 1957 |
| Docket Number | 6 Div. 99 |
| Citation | 92 So.2d 927,265 Ala. 561 |
| Parties | LIBERTY NATIONAL LIFE INSURANCE COMPANY v. Buford STRINGFELLOW. |
| Court | Alabama Supreme Court |
Lipscomb, Brobston, Jones & Brobston, Bessemer, for petitioner.
Lange, Simpson, Robinson & Somerville, Birmingham, and Huey, Stone & Patton, Bessemer, opposed.
This is a petition for writ of certiorari to the Court of Appeals.
The opinion of the Court of Appeals is set out in the petition. It is followed by these statements: 'Your petitioner avers that the Court of Appeals erred in its decision of October 16, 1956, and that the same should be reversed, and the Court of Appeals erred in denying petitioner's application for rehearing.
'All of said grounds hereinabove assigned will be more completely and fully discussed in the brief filed with this petition.'
But no errors are specified or assigned anywhere in the petition for the writ of certiorari, although the brief of petitioner challenges several of the holdings of the Court of Appeals.
In Davenport-Harris Funeral Home, Inc. v. Chandler, 264 Ala. 623, 88 So.2d 878, 879, Mr. Justice Simpson writing for the court, in holding the petition there filed insufficient because it did not point out any error in the opinion of the Court of Appeals, said:
'Manifestly, it is impossible for this court to review the opinion or to revise the judgment of the Court of Appeals with respect to any errors, if so, inasmuch as the petition does not point out any errors but merely requests this court to make a declaration with respect to the statutes listed above. The petition is insufficient to invite a review.
'Rule 39 of the Revised Rules of this court, Code 1940, Tit. 7 Appendix, provides that the application for writ of certiorari must be accompanied by a brief 'pointing out and arguing the point or decision sought to be revised or corrected.' Implicit in this provision is that the application for the writ must point out with sufficient clearness any error of law in the opinion of the Court of Appeals of which the petitioner complains.
In view of the holding of this court in Davenport-Harris Funeral Home,...
To continue reading
Request your trial
-
Vincent v. Blue Cross-Blue Shield of Alabama, Inc., CROSS-BLUE
...726 (1976); Liberty National Life Insurance Co. v. Stringfellow, 38 Ala.App. 594, 92 So.2d 924 (Ct. of App.1956), Cert. denied, 265 Ala. 561, 92 So.2d 927; affm'd on second appeal, 270 Ala. 80, 116 So.2d 595 Therefore, the trial court correctly granted Blue Cross' motion for summary judgmen......
-
Aetna Life Ins. Co. v. Lavoie
...726 (1976); Liberty National Life Insurance Co. v. Stringfellow, 38 Ala.App. 594, 92 So.2d 924 (Ct.App.1956), cert. denied, 265 Ala. 561, 92 So.2d 927 (1957); aff'd on second appeal, 270 Ala. 80, 116 So.2d 595 In Vincent, however, I joined the majority in stating the following: "We also aff......
-
Ex Parte Yelverton
...n. 1 (Ala.1987) (citing Rule 39, Ala. R.App. P.; Nix v. State, 271 Ala. 628, 126 So.2d 123 (1960)); and Liberty Nat'l Life Ins. Co. v. Stringfellow, 265 Ala. 561, 92 So.2d 927 (1957). "In considering the petition for certiorari, we pass on only the grounds on which certiorari is sought." Ex......
-
Hudson and Thompson v. First Farmers and Merchants Nat. Bank of Troy
... ... 4 Div. 859 ... Supreme Court of Alabama ... March 7, ... 508, 1135, 41 L.R.A.,N.S., 1202; Mobile Ins. Co. v. Columbia & Greenville R. Co., 41 S.C ... ...