# Banks v. Peek

> Supreme Court of Alabama · February 13, 1947 · 249 Ala. 32

URL: https://www.frixlaw.com/law-library/cases/3241938

## Case

- **Full name:** BANKS Et Al. v. PEEK
- **Court:** Supreme Court of Alabama
- **Decided:** February 13, 1947
- **Citations:** 249 Ala. 32; 29 So. 2d 418; 1947 Ala. LEXIS 278
- **Precedential status:** Published
- **Opinion:** Addendum by Brown
- **Judges:** Brown, Foster, Stakely, Gardner, Livingston, Lawson, Simpson
- **Cited by:** 2 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/3241938

## Opinion text

On Rehearing.
BROWN, Justice.
The petition or motion termed “Application and' Brief for Rehearing” filed
*36
by appellant does not question the soundness of the opinion and judgment of this court but embodied a statement of fact and seeks the advice of this court, as to whether or not the facts stated constitute a compliance with the mandate of the peremptory writ issued by the Circuit Court of Calhoun County. This is not an application for rehearing within Rule No. 38, Code 1940, Tit. 7 Appendix. Redd Chemical & Nitrate Co. v. W. T. Clay Mercantile Co. et al., 219 Ala. 478 , 122 So. 652 . Moreover the answer to the petition controverts some of the facts stated, presenting questions within the province and power of the circuit court, and it is for that court.to determine whether or not the respondents have - complied with the mandate of the writ. The petition is, therefore, dismissed.
GARDNER, £. J., and LIVINGSTON, LAWSON and STAKELY, JJ., concur!

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3241938. Public record. Not legal advice.