Ex Parte W. T. Smith Lumber Co.
Supreme Court of Alabama
Appeal from Circuit Court, Butler County ; A. E. Gamble, Judge. Petition by the W. T. Smith Lumber Company for a common-law writ of certiorari to review the action of the circuit court of Butler county in a proceeding by H. IT. Burkett to recover from said Lumber Coxupany under the Workmen’s Compensation Act for damages for the death of plaintiff’s son.
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Appeal from Circuit Court, Butler County ; A. E. Gamble, Judge. Petition by the W. T. Smith Lumber Company for a common-law writ of certiorari to review the action of the circuit court of Butler county in a proceeding by H. IT. Burkett to recover from said Lumber Coxupany under the Workmen’s Compensation Act for damages for the death of plaintiff’s son. The facts as stated by the court are that J. Lewis Burkett was a minor under 21 years of age and unmarried, and that he left surviving him only parent, his father, who is the plaintiff in this case; that he was employed by the AV. T. Smith…
1Opinion of the CourtAnderson, C. J.
[1] This petitioner seeks to review the judgment of the circuit court by the common-law writ of certiorari as provided by sections 21 and 28 of the Workmen’s Compensation Act of 1919, pp. 206 to 239.
The only question argued and insisted upon as error is the conclusion of the trial court to the effect that the deceased was an employé or workman within the terms of said act. AVhile the petition is accompanied by a bill of exceptions, this court cannot look to same, as the right of review is confined by the statute to a common-law writ of certiorari, and under which we can only consider…
2Cases cited2 opinions
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3Cited by43 opinions
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- Birmingham Post Co. v. SturgeonSupreme Court of Alabama · 1933
- Ex Parte Majestic Coal Co.Supreme Court of Alabama · 1922
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