Brannan v. State

Supreme Court of Alabama

Brannan v. State

139 So. 2d 351, 273 Ala. 234, 1962 Ala. LEXIS 343

CourtSupreme Court of Alabama

DecidedMarch 22, 1962

Docket1 Div. 46

StatusPublished

Cited by2 cases

This text of 139 So. 2d 351 (Brannan v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brannan v. State, 139 So. 2d 351, 273 Ala. 234, 1962 Ala. LEXIS 343 (Ala. 1962).

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Opinion

MERRILL, Justice.

This is an attempted appeal from a judgment of the Court of Appeals dismissing a petition for writ of mandamus. The appeal must be dismissed because there is no provision in our law for an appeal to this court from the Court of Appeals.

The attempted appeal cannot be considered as a petition for writ of certiorari because of noncompliance with the mandatory requirements of Supreme Court Rule 39, governing certiorari to the Court of Appeals, in the following particulars:

(1) . The record shows no application for rehearing was made in the Court of Appeals. Lindsay v. State, 271 Ala. 549, 125 So.2d 725.

(2) . No brief was filed in support of the application. Lindsay v. State, supra.

(3) . The application was not filed within the fifteen days prescribed by Supreme Court Rule 39. Ex parte Pittman Construction Co., 236 Ala. 22, 180 So. 728.

Appeal dismissed.

LIVINGSTON, C. J., and LAWSON and COLEMAN, JJ., concur.

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