McCollum v. Birmingham Age-Herald Co.

Supreme Court of Alabama

McCollum v. Birmingham Age-Herald Co.

65 So. 2d 698, 259 Ala. 98, 1953 Ala. LEXIS 177

CourtSupreme Court of Alabama

DecidedMarch 13, 1953

Docket6 Div. 382

StatusPublished

This text of 65 So. 2d 698 (McCollum v. Birmingham Age-Herald Co.) 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

McCollum v. Birmingham Age-Herald Co., 65 So. 2d 698, 259 Ala. 98, 1953 Ala. LEXIS 177 (Ala. 1953).

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Opinion

BROWN, Justice.

This appeal is prosecuted by the plaintiff from the judgment of the Circuit Court of Jefferson County dismissing a suit filed by the plaintiff against appellee for libel, on the ground that the plaintiff failed, after notice, to appear and submit to an oral examination in a proceeding instituted by the defendant to perpetuate McCollum’s testimony as a witness for use in said libel suit. The proceeding to perpetuate Mc-Collum’s testimony was instituted by the defendant on April 30, 1951, under the provisions of Title 7, Chapter 10, Article 10, Code of 1940, embracing §§ 491-497, as amended, inclusive, and is a companion case entitled McCollum v. The Birmingham Post Co., a corp.,¹ 65 So.2d 689. On the authority of the opinion in that case, this case is due to be reversed and remanded. It is so ordered.

Reversed and remanded.

LIVINGSTON, C. J., and SIMPSON, STAKELY, GOODWYN and MERRILL, JJ., concur. LAWSON, J., concurs in the result.

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BROWN, Justice.

This appeal is prosecuted by the plaintiff from the judgment of the Circuit Court of Jefferson County dismissing a suit filed by the plaintiff against appellee for libel, on the ground that the plaintiff failed, after notice, to appear and submit to an oral examination in a proceeding instituted by the defendant to perpetuate McCollum’s testimony as a witness for use in said libel suit. The proceeding to perpetuate Mc-Collum’s testimony was instituted by the defendant on April 30, 1951, under the provisions of Title 7, Chapter 10, Article 10, Code of 1940, embracing §§ 491-497, as amended, inclusive, and is a companion case entitled McCollum v. The Birmingham Post Co., a corp.,¹ 65 So.2d 689. On the authority of the opinion in that case, this case is due to be reversed and remanded. It is so ordered.

Reversed and remanded.

LIVINGSTON, C. J., and SIMPSON, STAKELY, GOODWYN and MERRILL, JJ., concur. LAWSON, J., concurs in the result.

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Bluebook (online)

65 So. 2d 698, 259 Ala. 98, 1953 Ala. LEXIS 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccollum-v-birmingham-age-herald-co-ala-1953.

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