Johnson v. Thoburn

BARKDULL, Chief Judge.

Appellant, as plaintiff, instituted a chancery action seeking a declaratory decree of a certain notice forwarded to him by the appellee Board, to which complaint was filed a motion to dismiss for failure to state a cause of action. On said motion, the chancellor entered a final order of dismissal. The appellant seeks reversal of this order, and contends that it was erroneously entered by the chancellor in that it failed to award him a declaratory decree.

We agree with this contention. It is apparent from the allegations of the complaint which, on a motion to dismiss, must…