# Ex Parte Tennessee Coal, Iron R. Co.

> Supreme Court of Alabama · June 30, 1921 · 206 Ala. 403

URL: https://www.frixlaw.com/law-library/cases/9825264

## Case

- **Full name:** Ex Parte TENNESSEE COAL, IRON & R. CO. TENNESSEE COAL, IRON & R. CO. v. PEROLIO
- **Court:** Supreme Court of Alabama
- **Decided:** June 30, 1921
- **Citations:** 206 Ala. 403; 90 So. 876; 1921 Ala. LEXIS 225
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** McClellan
- **Cited by:** 9 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/9825264

## Opinion text

On Rehearing.
[3] The awarding of the writ of certiorari to the Court of Appeals is based upon the errors appearing in the excerpts from the ora) charge of the trial court quoted in the original opinion. The reversal is not predicated of the mentioned instruction numbered 6. nor of the overruling of the motion for now trial on the ground that the verdict was inconsistent with the instructions of the court. Furthermore, according to the established practice, this court does not review the Court of Appeals in its ascertainment or findings of fact. 13 Mich. Ala. Dig. p. 433. In the proceeding under consideration this court has not undertaken, and does not intend, to express any opinion on any matter or issue of fact developed on the trial from which the appeal was taken to the Court of Appeals.
This court remains satisfied with the conclusions of law announced in the original opinion. The application for rehearing is denied.
All the Justices concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9825264. Public record. Not legal advice.