Giglio v. Barrett

The case was submitted on appellees’ motion to dismiss the appeal. Appellant filed a motion to substitute the commissioners of the city (in office on the date when the motion was made) in the place of original respondents (in office when the bill was filed). Submission was also “on its merits.”

In the caption of the original bill praying injunction, N. A. Barrett and otners named are styled respondents,“as commissioners of the city of Birmingham, Ala.” The averment in the first paragraph is that said parties “are commissioners of the city of Birmingham, Ala., * * * and are residents citizens…