162 So. 532 | Ala. | 1935
Reduced to the last analysis, the argument for petitioner seeks review of the opinion of the Court of Appeals on the facts, and overlooks the limited review of this court of such opinion of the Court of Appeals, as illustrated in the following, among others, of our authorities: Loveman, Joseph
Loeb v. Himrod,
Considered, therefore, upon the merits, the petition must be denied. But we are of the opinion the denial of the writ could also rest upon the ground that in fact there was no application for rehearing decided adversely to petitioner by the Court of Appeals as required as a condition precedent to the application for certiorari in this court under Supreme Court Rule 44. Richardson v. State,
Let the writ be denied.
Writ denied.
ANDERSON, C. J., and GARDNER, BOULDIN, and FOSTER, JJ., concur. *650