6 Div. 408.

110 So.2d 260 (1959)

Jessie W. MABRY v. STATE of Alabama.

Supreme Court of Alabama.

Attorney(s) appearing for the Case

Griffin & Wilson, Birmingham, for petitioner.

MacDonald Gallion, Atty. Gen., and John F. Proctor, Asst. Atty. Gen., opposed.

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.


1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases