CASE v. MOORER

1 Div. 887.

142 So.2d 913 (1962)

A. B. CASE v. M. L. MOORER et al.

Supreme Court of Alabama.

June 21, 1962.


Attorney(s) appearing for the Case

Wilkins, Stephenson & Byrd, Pillans, Reams, Tappan, Wood & Roberts and Austill & Austill, Mobile, for appellant.

Caffey, Gallalee & Caffey, Mobile, for appellees Moorer.

McCorvey, Turner, Johnstone, Adams & May, Mobile, for appellee Magnolia Petroleum Co.


GOODWYN, Justice.

Appeal from a decree of the circuit court of Mobile County, in equity, sustaining the demurrer of each of the appellees to appellant's bill of complaint, as last amended, seeking a declaratory judgment.

Appellant insists that the decree should be reversed in view of the rule that, where a bill seeking a declaratory judgment shows a bona fide justiciable controversy which should be settled, a demurrer thereto should be overruled and a declaration...

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