De Bardeleben Coal Co. v. Cox

Supreme Court of Alabama

De Bardeleben Coal Co. v. Cox

76 So. 911, 200 Ala. 553, 1917 Ala. LEXIS 526

CourtSupreme Court of Alabama

DecidedNovember 15, 1917

Docket6 Div. 661.

StatusPublished

This text of 76 So. 911 (De Bardeleben Coal Co. v. Cox) 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

De Bardeleben Coal Co. v. Cox, 76 So. 911, 200 Ala. 553, 1917 Ala. LEXIS 526 (Ala. 1917).

Pincite

Opinion

MAYFIELD, J.

Petitioner insists that we should award the writ of certiorari and reverse the judgment of the 'Court of Appeals, solely on the ground that the Court of Appeals put the trial court in error for refusing three charges, which are set out in the petition and in brief.

We are not informed of the nature or character of the suit in the trial court, nor what the issues were, nor what the evidence was, and without such information it is impossible for us to know which was right in the rulings as to the giving or refusing of the charges in question. We do not feel called upon to go and search for the record in the Court of Appeals in order to know the nature' of the suit, the issues on which the trial was had, and whether or not the issues were proven. Some of these facts must be known, before it is possible %r us to know whether the stated charges should have been given or have been refused.

Application denied.

ANDERSON, O. J., ’ and SOMERVILLE and THOMAS, JJ., concur.

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MAYFIELD, J.

Petitioner insists that we should award the writ of certiorari and reverse the judgment of the 'Court of Appeals, solely on the ground that the Court of Appeals put the trial court in error for refusing three charges, which are set out in the petition and in brief.

We are not informed of the nature or character of the suit in the trial court, nor what the issues were, nor what the evidence was, and without such information it is impossible for us to know which was right in the rulings as to the giving or refusing of the charges in question. We do not feel called upon to go and search for the record in the Court of Appeals in order to know the nature' of the suit, the issues on which the trial was had, and whether or not the issues were proven. Some of these facts must be known, before it is possible %r us to know whether the stated charges should have been given or have been refused.

Application denied.

ANDERSON, O. J., ’ and SOMERVILLE and THOMAS, JJ., concur.

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Bluebook (online)

76 So. 911, 200 Ala. 553, 1917 Ala. LEXIS 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-bardeleben-coal-co-v-cox-ala-1917.