Bessemer Engineering & Construction Co. v. Smith
Cases that cite this one
5 later published cases cite this decision.
- In re Strickland v. National Gypsum Co. (Ala. Civ. App. 1976)
- Faddis v. Woodward Iron Company (Ala. 1964)
- Hardie Sales Co. v. Astrachan (Ala. 1940)
- Exchange Distributing Co. v. Oslin (Ala. 1935)
- Boutwell v. Drinkard (Ala. 1935)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
BOULDIN, J.
From the decree awarding compensation to an employee, or his dependents in case of death, the “aggrieved party may by certiorari within thirty days thereafter appeal to the Supreme Court of Alabama.” Code, § 7571. In- this statutory review of compensation proceedings the time of _ taking appeal is jurisdictional. If taken after the lapse of 30 days, the appeal must be dismissed. Woodward Iron Co. v. Bradford, 206 Ala. 447, 90 So. 803; Ex parte L. & N. R. Co., 214 Ala. 489, 108 So. 379; Minge v. Smith, 206 Ala. 330, 89 So. 473; Burgin v. Sugg, 210 Ala. 142, 97 So. 216; Walden v. Leach, 201 Ala. 475, 78 So. 381; Coker v. Fountain, 200 Ala. 95, 75 So. 471; Boshell v. Phillips, 207 Ala. 628, 93 So. 576.
This proceeding should have been brought here by petition for certiorari. In fact, an appeal bond was filed and approved and appeal certified as in ordinary cases. In any event, the proceeding was not begun within '30 days after the findings of fact and judgment thereon was filed and entered in the court below.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.