Brief for Respondent - On Writ Of Certiorari To The Supreme Court Of Alabamabrief For Respondent1

STEINER, CRUM & BAKER,
1109–25 First National Bank Building,
Montgomery 1, Alabama,
CALVIN WHITESELL,
Montgomery, Alabama
Of Counsel.
ROBERT E. STEINER III.,
SAM RICE BAKER,
M. ROLAND NACHMAN JR.,
Attorneys for Respondent

Index

Opinions Below

Jurisdiction

Questions Presented

Statutes Involved

Statement

1. Matters outside the record which petitioners did not raise in the trial court, but attempted to raise for the first time in the Supreme Court of Alabama
2. Matters outside the record which petitioners did not seek to raise in the trial court or in the Supreme Court of Alabama
3. Matters raised below but concluded to petitioners' apparent satisfaction at the time
4. Matters foreclosed from the statement of facts by virtue of petitioners' improper procedure below

Summary of Argument

Argument

1. This court will not go outside the record to consider federal questions which were not timely raised in accordance with state procedure
2. There was ample evidence of petitioners' publication for submission to a jury
   1. Silence as admission
   2. Petitioners ratified and acquiesced in the use of their names on the advertisement

Conclusion

Certificate

Appendix A