Kelley v. Byington

delivered the opinion of the Court.-

This is a suit under the Declaratory Judgments Act Code 1932, sec. 8835 et seq., instituted by a prospective litigant in the Court of General Sessions of Knox County against the clerk of that court, and the Attorney General of Tennessee, to test the constitutionality of section 4, Chapter 148, of the Private Acts of 1947. The defendant clerk demurred to the bill, which the chancellor overruled, thereby holding the Act invalid. Section 4 of the Act in question reads as follows:

“Be it further enacted, That before the commencement of any civil action, the…