City of Montgomery v. Graham

LIVINGSTON, Chief Justice.

This is an appeal by the City of Montgomery from an order of the Circuit Court of Montgomery County overruling the demurrer to the bill of complaint filed by appellees as a class action under Equity Rule 31, Code 1940, Tit. 7 Appendix.

The bill alleges in substance that the corporate limits of the City of Montgomery were extended pursuant to legislative act approved September 18, 1949, which became effective September 30, 1949. Appellees are all owners of real estate which was incorporated on September 30, 1949, but which prior to said date was without the corporate…