Gullatt v. State Ex Rel. Lawson

THOMAS, Justice.

The appeal is from the overruling of demurrer to the bill by the state filed to abate a nuisance.

The statutes that obtain are found in Code 1940, T. 7, §§ 1091-1108; Code 1923, Chap. 325, Art. 1, §§ 9271-9298.

We consider the grounds of demurrer on which appellant relies and argues pursuant to the rule set forth in Georgia Cotton Co. v. Lee, 196 Ala. 599, 72 So. 158.

Appellant relies upon Howard v. State, 238 Ala. 185, 190 So. 278, urging that the state is not here made a proper party because the bill was not signed by the attorney general but by the state’s solicitor of the…