TOMLINSON, Justice.
Caplan was tried in the City Court of Johnson City on a charge of having violated a specified ordinance of that City. He resisted on the ground that the ordinance in question is unconstitutional. He was found guilty, fined $50, and appealed to the Circuit Court of that county.
Thereupon, and while his case was pending in the Circuit Court, he filed in the Chancery Court a petition under the declaratory judgment statute, Code Section 8835...
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