6 Div. 129.

51 So.2d 694 (1951)

KENDRICK et al. v. BOYD.

Supreme Court of Alabama.

January 18, 1951.

Attorney(s) appearing for the Case

Maurice F. Bishop and Johns S. Foster, of Birmingham, for appellants.

Gibson & Hewitt, of Birmingham, for appellees.

Embry & Embry, of Pell City, amicus curiae.

SIMPSON, Justice.

Act No. 424, General Acts of Alabama, Regular Session 1949, p. 601, is sought to be brought under review by this court as violative of § 45 of the Constitution of 1901, by a transfer of the cause from the Court of Appeals under the purported authority of § 87, Title 13, Code 1940.

The question of jurisdiction between this court and the Court of Appeals as to the final disposition of the cause is to be first considered, since there...


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