Carothers
v.
McNabb.
v.
McNabb.
6 Div. 863..
Supreme Court of Alabama.
Jun 15, 1927.
Paine Denson, of Cullman, for appellant.
The complaint is not sufficient as an application for compensation, but is in form a complaint in an action at law, and an appeal lies.
W. Marvin Scott, of Cullman, for appellee.
There is no appeal under the Workmen's Compensation Act, the remedy being by certiorari. Steagall v. Sloss Co., 206 Ala. 488 , 90 So. 871 .
Somerville, Anderson, Thomas, Bouldin.
Cited by 3 opinions | Published
The complaint in this case clearly appears upon its face to he filed under the Workmen’s Compensation -Act (Acts 1919, p. 206), and the proceedings and judgment are governed by the rules of law and practice applicable to such cases.
The judgment of the trial court can be reviewed here only by a writ of certiorari. The remedy by appeal, to which defendant has here resorted, is not available, and the appeal will be dismissed. Steagall v. Sloss-Sheffield S. & I. Co., 206 Ala. 488, 90 So. 871; Woodward Iron Co. v. Bradford, 206 Ala. 447, 90 So. 803.
Appeal dismissed.