107 So. 905 | Ala. | 1926
The Compensation Act (Code 1923, §§ 7534-7597) has been liberally construed in the meeting of the evils sought *333
to be remedied. Ex parte W. T. Smith Lbr. Co.,
If there is any reasonable view of the evidence that will support the conclusion announced by the trial court, the finding and judgment will not be disturbed. Ex parte De Bardeleben Coal Co.,
The record recites:
"After hearing said testimony, the court took same under advice until this date, and finds from the evidence the following facts."
The testimony has been preceded by the words:
"The above-styled case came on for hearing before Hon. R. L. Blanton, one of the judges of said court, on the 13th day of April, 1925, and the following testimony was introduced."
It is not presented to and signed by the trial judge as a bill of exceptions. It was treated by appellant's counsel, not as a bill of exceptions, but as a part of the finding of fact. The court found the evidence that discharged the plaintiff's burden of proof. Ex parte Todd S. D. D. Co.,
A provision of the statute (Code 1923, § 7567) is as follows:
"In all death claims where the cause of death is obscure or is disputed, any interested party may require an autopsy, the cost of which is to be borne by the party demanding the same."
This provision may be enforced in and of a pending cause, and not be made a condition precedent to the bringing of a suit founded on the pertinent facts. A court having jurisdiction, on due application and notice, may exercise its judicial discretion as to a continuance of the proceeding or trial pending compliance with its order in the premises, and may compel the obedience and enforcement of the statute in the respects indicated. The judge granting the order had jurisdiction as a circuit judge throughout the state. Phillips v. Morrow,
The writ is denied.
ANDERSON, C. J., and SOMERVILLE and BOULDIN, JJ., concur.