5 Div. 749.

133 So.2d 60 (1961)

Stell BENEFIELD, Judge of Probate, et al. v. Rudolph MORRISON et al.

Supreme Court of Alabama.

Attorney(s) appearing for the Case

Lewis H. Hamner, Jr., Roanoke, and H. M. Brittain, Wedowee, for appellants.

Hooton & Hooton, Roanoke, for appellees.

GOODWYN, Justice.

Some of the respondents below bring this appeal from a decree of the circuit court of Randolph County, in equity, overruling their demurrer to appellees' bill seeking a declaration as to the constitutionality of Act No. 128, appvd. July 8, 1955 (Acts 1955, Vol. 1, p. 377).

We have no alternative but to dismiss the appeal for the reason that said Act has been repealed by Act No. 960, appvd. Sept. 9, 1961, thus rendering moot any question as to its constitutionality.

Appeal dismissed.

LIVINGSTON, C. J., and SIMPSON and COLEMAN, JJ., concur.


1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases