Cherokee County v. Cunningham

MERRILL, Justice.

Appellant, Cherokee County, appealed from a final decree rendered jointly by both judges of the Ninth Judicial Circuit on an agreed statement of facts in a suit in equity for a declaratory judgment. This is the second appeal in this cause, the first being reported in 258 Ala. 30, 61 So.2d 123, where a full statement of the matters originally involved are detailed.

The agreed statement of facts follows:

“1. That the highway patrolman of the State of Alabama made an arrest of a man by the name of Eugene Keys for driving an automobile upon a public road of Cherokee County,…