Deptartment of Industrial Relations v. Tomlinson

LAWSON, Justice.

This case, involving a claim for payments of unemployment -benefits allegedly due under the unemployment compensation law of this state, Code 1940, Tit. 26, § 180 et seq., was tried in the circuit court of Mobile County, without a jury. Ex parte Miles, 248 Ala. 386, 27 So.2d 777.

The question for decision here is whether the trial court erred in awarding benefits to the plaintiff in any amount, for it was stipulated in the trial below that if plaintiff was entitled to any award it was in the amount awarded him, namely, $359,

It is the insistence of appellants that (1) the burden…