# Johns v. Thomas H. Vaughn & Co.

> Supreme Court of Alabama · December 16, 1948 · 251 Ala. 489

URL: https://www.frixlaw.com/law-library/cases/3239663

## Case

- **Full name:** Johns v. Thomas H. Vaughn & Co.
- **Court:** Supreme Court of Alabama
- **Decided:** December 16, 1948
- **Citations:** 251 Ala. 489; 38 So. 2d 21
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Simpson
- **Judges:** Simpson, Brown, Foster, Lawson, Stakely
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3239663

## Opinion text

SIMPSON, Justice.
A petition for writ of certiorari to the Court of Appeals must be presented on transcript paper and no such petition “shall be heard that is not so presented.” Supreme Court Rule 36, Code 1940, Tit.
7,
p. 1017.
The petition in the instant case, in violation of this rule, is on ordinary legal cap, in consequence of which it must be stricken. Ex parte Farley, Ala.Sup., 37 So. 2d 440 ;
1
Anderson v. State, Ala.Sup., 36 So.2d 244 ;
2
Allen v. State, 249 Ala. 201 , 30 So.2d 483 ; Peterson v. State, 248 Ala. 179 , 27 So.2d 30 .
Petition stricken.
BROWN, FOSTER, LAWSON and STAKELY, JJ., concur.
1
Ante, p. 391.
2
Ante, p. 32.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3239663. Public record. Not legal advice.