Patt v. Welsch
Supreme Court of Alabama
Certiorari to Court of Appeals. Petition of Joseph Patt for certiorari to Court of Appeals to review and revise a judgment of that court rendered on the appeal of said Joseph Patt in an action against R.’ G. Welsch, 89 South. 94. The opinions of the Court of Appeals have been reviewed in the following cases: 201 Ala.'55, 77 South. 349; 201 Ala. 59, 77 South. '353; 201 Ala. 525, 78 South. 879 ; 200 Ala. 378, 76 South. 294; 188 Ala. 1, 66 South. 148; 200 Ala. 496, 76 South.…
Read the full summary
Certiorari to Court of Appeals. Petition of Joseph Patt for certiorari to Court of Appeals to review and revise a judgment of that court rendered on the appeal of said Joseph Patt in an action against R.’ G. Welsch, 89 South. 94. The opinions of the Court of Appeals have been reviewed in the following cases: 201 Ala.'55, 77 South. 349; 201 Ala. 59, 77 South. '353; 201 Ala. 525, 78 South. 879 ; 200 Ala. 378, 76 South. 294; 188 Ala. 1, 66 South. 148; 200 Ala. 496, 76 South. 438; 203 Ala. 5S5, 84 South. 725. Counsel discuss the matters sought to be reviewed, but in virtue of the opinion it is…
1Opinion of the CourtMcCLELLAN, J.
In Kirkwood’s Case, 184 Ala. 9, 63 South. 990 (petition for certiorari to the Court of Appeals), it was decided that the ascertainment and adjudication by the Court of Appeals of the state of the record before it was not reviewable on certiorari; the ruling being referred to the principle of previous decision here. Subsequent frequent’ illustrations of the principle are noted in the Minderhout Case, 195 Ala. 420, 71 South. 91, among others.
In the present instance the Court of Appeals has ascertained a state of fact and record that, according'to that court’s statement, made proper the…
2Cases cited2 opinions
- Postal Tel. Cable Co. v. MinderhoutSupreme Court of Alabama · 1916
- Kirkwood v. StateSupreme Court of Alabama · 1913
3Cited by5 opinions
- Anderson v. KempSupreme Court of Alabama · 1966
- Ex Parte State Ex Rel. DavisSupreme Court of Alabama · 1921
- Wells Co. v. LaneSupreme Court of Alabama · 1928
- Wilbanks v. StateSupreme Court of Alabama · 1972
- Wilbanks v. StateSupreme Court of Alabama · 1972