Cudd v. City of Homewood

Supreme Court of Alabama

Cudd v. City of Homewood

224 So. 2d 625, 284 Ala. 729, 1969 Ala. LEXIS 1183

CourtSupreme Court of Alabama

DecidedFebruary 6, 1969

Docket6 Div. 627

StatusPublished

This text of 224 So. 2d 625 (Cudd v. City of Homewood) 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.

Bluebook

Cudd v. City of Homewood, 224 So. 2d 625, 284 Ala. 729, 1969 Ala. LEXIS 1183 (Ala. 1969).

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Opinion

MEMORANDUM OPINION ON MOTION UNDER RULE 17.

BLOODWORTH, Justice.

Appellees have filed Motion, under Rule 17, Revised Rules of the Supreme Court of Alabama, 279 Ala. XXI, XLIV, seeking this court’s ruling for an automatic affirmance in this case because the appeal “is made solely for delay.”

While undoubtedly there is a field of operation for Rule 17, we are not convinced from the record this is such a case.

The case should he set for oral hearing at the next call of the 6th Division, either the week of April 21 or the week of April 28, 1969.

Appellees’ Motion to advance the hearing on oral argument under Rule 31 is inapposite and is denied.

So ordered.

: LIVINGSTON, C. J., and SIMPSON and COLEM1AN, JJ., concur.

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