CITY OF MOBILE v. JAX DISTRIBUTING COMPANY

1 Div. 757.

101 So.2d 295 (1958)

CITY OF MOBILE v. JAX DISTRIBUTING COMPANY, Inc., et al.

Supreme Court of Alabama.

March 6, 1958.


Attorney(s) appearing for the Case

Fred G. Collins and Collins, Galloway & Murphy, Mobile, for appellant.

Cunningham & Wilkins, Mobile, for appellees.


MERRILL, Justice.

Appeal from a decree overruling demurrer to the bill as amended which seeks a declaratory judgment as to the validity of an ordinance levying a license on each wholesaler, distributor or jobber of malt or brewed beverages.

Ordinarily, where the bill for a declaratory judgment shows a bona fide justiciable controversy which should be settled, the demurrer thereto should be overruled and a declaration of rights made and entered only after answer...

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