Graves v. McDonough

LIVINGSTON, Chief Justice.

This is an appeal by John Graves, as State Comptroller, from a final decree of the Circuit Court of Montgomery County, in Equity, making a declaratory judgment.

The bill seeking a declaratory judgment was filed by appellee, and alleges the existence of an actual controversy between him and the state comptroller, which arose out of a claim by appellee that the comptroller should draw a warrant on the state treasurer in favor of appellee for an amount which the Probate Judge of Mobile County certified to the comptroller as a refund of taxes paid by appellee on an…