City of Gadsden v. Cartee

LAWSON, Justice.

This is an appeal from a decree of the Circuit Court of Etowah County, in Equity, rendered in a declaratory judgment proceeding.

The amended bill alleged that certain statutes of this state are in violation of specified sections of the Constitution of this state and prays that those statutes be declared to be unconstitutional.

This court has held that under § 166, Title 7, Code 1940, in a declaratory judgment proceeding wherein is involved the validity of a statute or ordinance, if the statute or ordinance is alleged to be unconstitutional, the attorney general of this state…