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The Court of Appeals interprets the evidence as bringing the case within the influence of the authority of Finney v. Long,
216 Ala. 628 ,114 So. 200 , and De Hart v. Johnson,201 Ala. 497 ,78 So. 851 .Petitioner argues the facts as not coming within these authorities, but this overlooks the well-settled limitation of review by this Court of the Court of Appeals to questions of law and not of fact. We express no opinion as to reason 1 and 3 as found in the opinion of the Court of Appeals, but rest a denial of the writ upon a consideration of the second reason as therein set forth.
Writ denied.
ANDERSON, C. J., and GARDNER, BOULDIN, and FOSTER, JJ., concur. *Page 553
Document Info
Docket Number: 7 Div. 978.
Citation Numbers: 130 So. 172, 221 Ala. 552, 1930 Ala. LEXIS 379
Judges: Anderson, Gardner, Bouldin, Foster
Filed Date: 10/9/1930
Precedential Status: Precedential
Modified Date: 10/19/2024