Conklin v. Smith

WIGGINTON, Acting Chief Judge.

Appellants have appealed a final decree dismissing with prejudice their complaint on the ground that it fails to state a cause of action. Appellants contend that their complaint contains sufficient allegations of ultimate fact to entitle them to the injunction sought or, in the alternative, they should have been permitted at least one chance to amend their complaint and the chancellor erred in denying this right when he dismissed the complaint with prejudice.

Appellants are the holders of beverage licenses entitling them to sell intoxicating beverages in county…