CAROTHERS v. McNABB

(113 So. 298) CAROTHERS v. McNABB. (6 Div. 863.) Supreme Court of Alabama. June 15, 1927. Master and servant <&wkey;4(2 — Judgment under Workmen’s Compensation Act cannot be reviewed by appeal, but only by certiorari. Remedy by appeal is not available to re; view the judgment of the trial court, in a case under the Workmen’s Compensation Act (Acts 1919, p. 206), the only method of review being by writ of certiorari. Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Action by W. L. McNabb against William Carothers. Judgment for plaintiff, and defendant appeals. Appeal dismissed. Paine Denson, of Cullman, for appellant. The complaint is not sufficient as an application for compensation, but is in form a complaint in an action at law, and an appeal lies. W. Marvin Scott, of Cullman, for appellee. There is no appeal under the Workmen’s Compensation Act, the remedy being by certiorari. Steagall v. Sloss C'o., 206 Ala. 488, 90 So. 871. [MAJORITY — SOMERVILLE, J.] SOMERVILLE, J. The complaint in this case clearly appears upon its face to he filed under the Workmen’s Compensation -Act (Acts 1919, p. 206), and the proceedings and judgment are governed by the rules of law and practice applicable to such cases. The judgment of the trial court can be reviewed here only by a writ of certiorari. The remedy by appeal, to which defendant has here resorted, is not available, and the appeal will be dismissed. Steagall v. Sloss-Sheffield S. & I. Co., 206 Ala. 488, 90 So. 871; Woodward Iron Co. v. Bradford, 206 Ala. 447, 90 So. 803. Appeal dismissed. ANDERSON, C. J., and THOMAS and BOULDIN, JJ., concur.