Supreme Court of Alabama, 1922

A. Diniaco & Bros. v. Nelson

A. Diniaco & Bros. v. Nelson
Supreme Court of Alabama · Decided May 11, 1922 · Somerville, Anderson, McClellan, Thomas
93 So. 921; 208 Ala. 695 (Southern Reporter)

A. Diniaco & Bros. v. Nelson

Opinion of the Court

SOMERVILLE, J.

The appeal is from a .judgment awarding compensation to- an injured employe, under the Workmen’s Compensation .Act (Acts 1919, pp. 206—239). We have heretofore held that such a judgment can be reviewed only by the common-law writ of certiorari, and only as to errors apparent upon the record. Woodward Iron Co. v. Bradford, 90 South. 803. 1 Appellant has availed himself of that remedy in this cause concurrently with this appeal, and thereby obtained relief from the erroneous judgment below. Ex parte A. Diniaco & Bros., 93 South. 388. 2 Under the rule stated, this appeal will be dismissed at the cost of appellant. Appeal dismissed.

ANDERSON, C. J., and McCLELLAN and THOMAS, JJ., concur.

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