Steagall v. Sloss-Sheffield Steel & Iron Co.

• Decision Date: 20 October 1921
• Docket Number: 6 Div. 259
• Citation: 206 Ala. 488,90 So. 871
• Parties: STEAGALL v. SLOSS-SHEFFIELD STEEL & IRON CO.
• Court: Alabama Supreme Court

90 So. 871

206 Ala. 488

STEAGALL v. SLOSS-SHEFFIELD STEEL & IRON CO.

6 Div. 259

Supreme Court of Alabama

October 20, 1921

Appeal from Circuit Court, Jefferson County; J.C.B. Gwin, Judge.

Application by Sallie Steagall for compensation under the Workmen's Compensation Act, for the death of her husband, Alpha Steagall, while in the employ of the Sloss-Sheffield Steel & Iron Company. From the amount awarded, and judgment thereon rendered, Sallie Steagall appeals. Appeal dismissed.

See, also, 205 Ala. 100, 87 So. 787.

Mathews & Mathews, of Bessemer, for appellant.

Tillman, Bradley & Baldwin, of Birmingham, for appellee.

This appeal was submitted under rule 46 of Supreme Court Practice (65 South. vii), and the opinion of the court delivered by

THOMAS, J.

A primary question presented is: Can a party to a proceeding under the Workmen's Compensation Act (Gen.Acts 1919, p. 206 et seq.) appeal from a judgment rendered by the circuit court, or is the sole revisory remedy by certiorari?

The rulings sought to be presented in this court for review by appeal, rather than by certiorari, will not be considered, on the authority of Woodward Iron Co. v. Bradford, 90 So. 803. A question of jurisdiction being presented, and which may not be waived by consent, the appeal will be dismissed ex mero motu.

Appeal dismissed.

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