SOUTHERN SCRAP MATERIAL CO. v. SMITH

6 Div. 888.

44 So.2d 754 (1950)

SOUTHERN SCRAP MATERIAL CO., LIMITED v. SMITH.

Supreme Court of Alabama.

March 2, 1950.


Attorney(s) appearing for the Case

Robt. W. Smith, of Birmingham, for appellant.

D. H. Markstein, Jr., of Birmingham, for appellee.


SIMPSON, Justice.

Bill for (1) declaratory judgment, (2) award of damages for wrongful use by appellant of the name "W. M. Smith & Company," and (3) permanent injunction restraining such use of the name. From a decree overruling demurrer to the bill attacking its general equity, the defendant brings this appeal.

The question is whether the appellee, as the widow and sole beneficiary under the will of W. M. Smith, deceased, by which she was bequeathed all...

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