Legal Opinion
Avery Freight Lines, Inc. v. White
Supreme Court of Alabama
Decided April 20, 1944No. 3 Div. 411PublishedCited by 35 opinions
1Opinion of the Court
BOULDIN, Justice.
Avery Freight Lines, Inc., filed its complaint against the members of the Alabama Public Service Commission in the Circuit Court of Montgomery County seeking a declaratory judgment with further relief by mandamus or prohibition, if necessary. The defendants and certain intervening carriers filed demurrers going to the sufficiency of the complaint to make a case for declaratory judgment. These demurrers were sustained by the trial court. Because of such adverse ruling, the plaintiff took a non-suit and appeals.
The case made by the complaint and exhibits thereto may be summed…
2Cases cited9 opinions
- Curry v. Woodstock Slag CorporationSupreme Court of Alabama · 1942
- State v. Louis Pizitz Dry Goods Co.Supreme Court of Alabama · 1943
- Scott v. Alabama State Bridge CorporationSupreme Court of Alabama · 1936
- Thompson v. Chilton CountySupreme Court of Alabama · 1938
- Aetna Life Ins. Co. of Hartford, Conn. v. MartinCourt of Appeals for the Eighth Circuit · 1940
4 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Alabama Public Service Commission v. Southern Railway Co.Supreme Court of the United States · 1951
- Hartford Electric Light Co. v. Water Resources CommissionSupreme Court of Connecticut · 1971
- Alabama Public Service Commission v. Southern Bell Telephone & Telegraph Co.Supreme Court of Alabama · 1949
- Clark v. MemoloCourt of Appeals for the D.C. Circuit · 1949
- Charlotte-Mecklenburg Hospital Authority v. North Carolina Industrial CommissionSupreme Court of North Carolina · 1994
30 more not listed; retrieve them via the Exa API.