Appeal from a decree overruling demurrer to a bill of complaint, as amended.
The bill alleges that respondent-appellant Gas District is a public corporation, composed of the municipalities of Arab, Albertville and Guntersville, in Marshall County, operating pursuant to Act No. 762, General Acts 1951, p. 1319; that said Act required the certificate of incorporation to provide the location of the principal office of the district and its post office address, and that certificate of incorporation showed this to be Albertville, Alabama; that the principal office is not at Albertville, but at Guntersville; and that "In the case of City of Albertville etc. et al. v. Marshall County Gas District etc., et al., being Case No. 8557 in the Circuit Court of Marshall County, Alabama, in equity, a final decree was rendered restraining the respondents therein from changing the location of the principal office of the Marshall County Gas District except in the manner specifically provided by the said Act No. 762 of the 1951 Legislature of Alabama."
The prayer of the bill asked that respondent be permanently enjoined from maintaining and operating the principal and post office address of the Marshall County Gas District at any place other than Albertville, Alabama, so long as the certificate of incorporation of said gas district provides that the principal office and post office address shall be at Albertville, Alabama.
The grounds of the demurrer were:
The bill as amended presents a matter of equitable cognizance and is good as to the demurrer interposed, and the trial court correctly overruled it.
LIVINGSTON, C. J., and LAWSON and STAKELY, JJ., concur.