John A. Horton v. William B. Deloach Et

GOODWYN, Justice. This is a workmen's compensation case brought here by certiorari (Code 1940, Tit. 26, §§
297, 304). Petitioner, an employee of respondents, received an injury 'caused by an accident arising out of and in the course of his
employment' and brought suit to recover compensation therefor under the provisions of the Alabama Workmen's Compensation Act
(Code 1940, Tit. 26, § 253 et seq., as amended). The respondents filed a plea in abatement alleging that they 'were
not operating under the provisions of the Workmen's Compensation Law of the State of Alabama at the time of the accidental
injury alleged in the plaintiff's complaint, they having elected not to operate within said law,' and that they 'did not employ
as many as eight employees at the time of the accidental injury alleged in the plaintiff's complaint' so as to bring them
within said law. See: §§ 262(d), 263, Tit. 26, Code 1940.