State Ex Rel. Bastnagel v. City of Memphis

Mr. Chiee Justice Dyer

delivered the opinion of the Court.

This is an appeal from the action of the chancellor sustaining a demurrer dismissing the original bill. In this opinion State of Tennessee ex rel. Charles E. Bast-nagel, Jr., et al, will be referred to as appellants, and the City of Memphis, a municipal corporation, as appellee, or by name.

On October 28, 1968, .pursuant to T.C.A. sec. 6-309, appellee adopted upon final reading Ordinance No. 321, ■which, inter alia, annexed to the City of Memphis an area referred to as Whitehaven. This ordinance fixed the day the actual annexation would…