City of Johnson City v. Caplan

Caplan was tried in the City Court of Johnson City on a charge of having violated a specified ordinance of that City. He resisted on the ground that the ordinance in question is unconstitutional. He was found ‘guilty, fined $50, and appealed to the Circuit Court of that county.

Thereupon, and while his case was pending in the Circuit Court, he filed in the Chancery Court a petition under the declaratory judgment statute, Code 'Section 8835 et seq. He alleged as facts the statements hereinabove made. The purpose of his petition is to procure ,a decree declaring unconstitutional the ordinance…