A. Diniaco & Bros. v. Nelson

93 So. 921, 208 Ala. 695

Opinion

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.

1 206 Ala. 447.

2 207 Ala. 685.