DocketNumber: 3 Div. 996-A
Citation Numbers: 277 Ala. 89, 167 So. 2d 171
Judges: Goodwyn, Harwood, Lawson, Livingston, Merrill, Simpson
Filed Date: 8/27/1964
Status: Precedential
Modified Date: 7/28/2022
Appellant was permanently enjoined from doing business in Alabama by the trial court, and we affirmed, 274 Ala. 544, 150 So.2d 677. The Supreme Court of the United States reversed and remanded, 377 U.S. 288, 84 S.Ct. 1302, 12 L.Ed.2d 325.
The Supreme Court of Alabama has never passed upon the merits of this cage. The only time it was before us on the merits, it was submitted on December 18, 1962, and we affirmed February 28, 1963, because the argument section of the brief failed to comply with long-standing and oft applied requirements. Those requirements have been and will continue to be applied to briefs with the same defects as those filed in this case, regardless of whether the defects are the results of inefficiency, ignorance or design.
The State was the complainant in this action for injunction and appellant was permanently enjoined from conducting intrastate business in Alabama and was ousted from this State. We affirmed on nonfederal grounds and the Federal Supreme Court reversed on federal grounds. Since we have never considered the case on its merits, we are not going, at this late date, to become involved in that phase of the case. It is our duty to advise the trial court, which did consider the merits, that our affirmance has been reversed and the cause was remanded. That we do, but additional unrequested affirmative relief we neither order, direct or condone.
The decree of this court and the decree of the trial court is reversed and the cause is remanded.
Reversed and remanded.