Ex Parte Kemp
Supreme Court of Alabama
Certiorari to Court of Appeals. Petition by W. H. Kemp and the National Surety Company for certiorari to the Court of Appeals to review and revise the judgment and decision of the Court of Appeals, rendered in the case- of W. H. Kemp et al. v. Annie J. Donovan et al., 84 South. 412. The review sought is to have the judgment of the Court of Appeals reversed only in so far as the said Court of Appeals remanded said cause and to here render judgment for appellants such as…
Read the full summary
Certiorari to Court of Appeals. Petition by W. H. Kemp and the National Surety Company for certiorari to the Court of Appeals to review and revise the judgment and decision of the Court of Appeals, rendered in the case- of W. H. Kemp et al. v. Annie J. Donovan et al., 84 South. 412. The review sought is to have the judgment of the Court of Appeals reversed only in so far as the said Court of Appeals remanded said cause and to here render judgment for appellants such as should have been rendered by the lower court. Counsel fees could not be allowed as damages. 124 Ala. 614, 27 South. 454; 100…
1Opinion of the CourtSayre, J.
Petitioners were appellants in the Court of Appeals. By that court the judgment of the trial court was reversed and remanded. One of the judges thought the judgment should be rendered. Petitioners now seek to have the cause disposed of in accordance with the minority opinion in the Court of Appeals. The cause was tried by. the court without the intervention of a jury. The Court of Appeals, finding error, was authorized to reverse and remand or render, as it deemed right. Code, § 5361; Munson S. S. Line v. Horace Turner & Co., 81 South. 76. 1 its discretion in that regard depended upon the…
2Cases cited2 opinions
- Postal Tel. Cable Co. v. MinderhoutSupreme Court of Alabama · 1916
- Munson S. S. Line v. Horace Turner & Co.Supreme Court of Alabama · 1919