SPERRY AND HUTCHINSON COMPANY v. CITY OF FAIRHOPE

1 Div. 809.

120 So.2d 752 (1960)

SPERRY AND HUTCHINSON COMPANY v. CITY OF FAIRHOPE.

Supreme Court of Alabama.

May 19, 1960.


Attorney(s) appearing for the Case

Chason & Stone, Bay Minette, Le Maistre, Clement & Gewin, Tuscaloosa, and Casey, Lane & Mittendorf, New York City, for appellant.

Beebe & Swearingen, Bay Minette, for appellee.


COLEMAN, Justice.

This is an appeal from a decree sustaining demurrer to a bill in equity praying for a decree declaring that an ordinance of the city of Fairhope is unconstitutional and void as applied to appellant and that on final hearing the appellee be perpetually enjoined from enforcing the ordinance against appellant. The record shows that notice was given to the Attorney General as required by § 166, Title 7, Code 1940.

The bill of complaint avers...

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