ENGELHARDT v. JENKINS

7 Div. 552.

141 So.2d 193 (1962)

Sam ENGELHARDT, as State Highway Director, v. Hillard D. JENKINS et al.

Supreme Court of Alabama.

Rehearing Denied May 10, 1962.


Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., Julius T. Cage, Jr., and Samuel L. Stockman, Asst. Attys. Gen., and H. C. Orme, Jr., Gadsden, for appellant.

Embry & Whitten, Pell City, for appellees.


SIMPSON, Justice.

This appeal challenges the correctness of a decree of the Circuit Court in Equity of St. Clair County, overruling appellant's demurrer to appellees' amended bill of complaint.

The single question presented is whether this is a suit against the State in violation of § 14, Constitution of 1901. Appellant confines his argument to this one point.

The bill as amended alleges that the appellees are joint owners of certain lands in...

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