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Mabry v. State

110 So. 2d 260, 268 Ala. 660
CourtSupreme Court of Alabama
DecidedMarch 12, 1959
Docket6 Div. 408
StatusPublished
Cited by14 cases

This text of 110 So. 2d 260 (Mabry 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.

Bluebook
Mabry v. State, 110 So. 2d 260, 268 Ala. 660 (Ala. 1959).

Opinion

MERRILL, Justice.

The Attorney General has filed a motion to dismiss the petition for certiorari because it was filed too late. The record shows that the defendant’s application for rehearing was overruled by the Court of Appeals on February 10, 1959. The petition for writ of certiorari was not “filed with the clerk of this court within fifteen days after the action of said court of appeals upon the said application for rehearing,” as required by Supreme Court Rules, rule 39, Code 1940, Tit. 7 Appendix.

The motion to dismiss the petition must be granted. Ex parte Taylor, 211 Ala. 282, 100 So. 331; Robinson v. Beale, 219 Ala. 154, 121 So. 428; Morgan Plan Co. v. Beverly, 255 Ala. 235, 51 So.2d 179.

Petition dismissed.

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

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Bluebook (online)
110 So. 2d 260, 268 Ala. 660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mabry-v-state-ala-1959.