Case v. Moorer

GOODWYN, Justice.

Appeal from a decree of the circuit court of Mobile County, in equity, sustaining the demurrer of each of the appellees to appellant’s bill of complaint, as last amended, seeking a declaratory judgment.

Appellant insists that the decree should be reversed in view of the rule that, 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 the parties may deem ’ proper on submission for final decree.…