Opinion

Wetzel v. Bessemer Bar Ass'n.

  • 242 Ala. 164
  • 5 So. 2d 722
  • 1942 Ala. LEXIS 12
Court
Supreme Court of Alabama
Filed
Jan 15, 1942
Status
Published
Author
Thomas
On the bench
Thomas, Gardner, Brown, Foster
Cited by
23 cases
Authority
More cited than 95.4%

The opinion

THOMAS, Justice.

The review of an order made in a proceeding for contempt of court is by way of an appropriate extraordinary writ and not by appeal. 13 Corpus Juris 101; 17 C.J.S., Contempt, § 117; In re James H. Willis et al., post, p. 284, 5 So.2d 716 .

It may be said that the remedy for review in contempt proceedings is by certiorari if the party in contempt is not in prison and by habeas corpus if the party in contempt is in prison. Robertson v. State, 20 Ala.App. 514 , 104 So. 561 ; Ex parte Bankhead, 200 Ala. 102 , 75 So. 478 ; Ex parte Dickens, 162 Ala. 272 , 50 So. 218 . For annotations on review in civil contempt see 28 A.L.R. 33 .

The appellant has not pursued the proper remedy. In re James H. Willis et al., supra; Ex parte Connor et al., 240 Ala. 327 , 198 So. 850 ; Board of Revenue of Covington County v. Merrill, 193 Ala. 521 , 68 So. 971 ; Ex parte Dickens, 162 Ala. 272, 277 , 50 So. 218 , supra; Easton v. State, 39 Ala. 551 , 87 Am.Dec. 49.

The motion to dismiss the appeal is well taken and the appeal is dismissed on the grounds of the lack of jurisdiction.

The motion is granted and the appeal is dismissed.

GARDNER, C. J., BROWN, and FOSTER, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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