TAPLEY v. LIBERTY SUPER MARKETS OF BIRMINGHAM

6 Div. 602.

300 So.2d 401 (1974)

In re Kathe E. TAPLEY, Plaintiff, v. LIBERTY SUPER MARKETS OF BIRMINGHAM, Alabama, Defendant. Ex parte William T. TARPLEY, Petitioner.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 5, 1974.


Attorney(s) appearing for the Case

Douglas, Arant, Brittin T. Coleman, Birmingham, for petitioner.

Russell T. McDonald, Jr. and Michael W. McCormick, Birmingham, for respondent.


HARRIS, Judge.

Petitioner was adjudged guilty of contempt of court for failing to appear as a witness for the plaintiff in the above styled civil action in the Circuit Court of Jefferson County and was sentenced to four (4) days confinement in the Jefferson County Jail. We granted certiorari to review the findings and judgment of the trial court.

This is a first impression case in this State as it deals with an "on call" civil subpoena. It is a case of extreme...

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