Shew v. City of Gadsden

GOODWYN, Justice.

This is a declaratory judgment proceeding, Code 1.940, Tit. 7, § 156 et seq., brought by appellant, a resident' citizen, voter and taxpayer of the City of Gadsden, against the City of Gadsden and the members of the City’s governing body. The appeal here is from a decree sustaining the respondents’ demurrer to the bill of complaint.

Ordinarily, where a bill seeking a declaratory judgment shows a bona fide justiciable controversy which should be settled, a demurrer thereto should be overruled and a declaration of rights made and entered only after answer and on such evidence as…