Liberty Nat. Life Ins. Co. v. Collier

BROWN, Justice.

The opinion of the Court of Appeals applies the doctrine of error without injury to the case as presented by the record, without stating the facts. In such case, ordinarily, as has been uniformly ruled here, the decision of that court cannot be reviewed. Campbell v. State, 216 Ala. 295, 112 So. 902.

But where this doctrine has been applied under a misapprehension of the law, and this appears on the face of the opinion, this court will reverse the Court of Appeals and remand the case to that court for further consideration.

It is stated in the opinion that “The bill of exceptions…