Legal Opinion · Dissent

Gallery v. J.B. Jones Timber Co.

Supreme Court of Alabama

Decided September 25, 1987No. 86-1024Published

1DissentJones, Justice

I respectfully disagree with the Court’s denial of the petition for review. In my opinion, the Court of Civil Appeals incorrectly applied the certiorari rule of appellate review to conclusions of law. Admittedly, this rule (any evidence to support the findings) is generally applicable to workmen’s compensation cases and is more restrictive than the rule of review applicable to appeals of right; and, arguably, the statutory mandate for review of workmen’s compensation cases by certiorari is compatible with the applicable standard of review by certiorari at common law. This more restrictive…

2Cases cited5 opinions

  1. Tuscaloosa Veneer Co. v. MartinSupreme Court of Alabama · 1937
  2. Williams v. Tennessee River Pulp & Paper Co.Supreme Court of Alabama · 1983
  3. Weeks v. C.L. Dickert Lumber CompanySupreme Court of Alabama · 1960
  4. Davis-Day Timber Company, Inc. v. GentryCourt of Civil Appeals of Alabama · 1975
  5. McCraney v. Bigger Pulpwood Co., Inc.Court of Civil Appeals of Alabama · 1986

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