Shadix v. City of Birimingham

LAWSON, Justice.

This is a suit at law by G. D. Shadix against the City of Birmingham seeking a declaratory judgment as to the validity and effect of an ordinance of said city.

The demurrer of the City of Birmingham to the petition was sustained by the trial court; of consequence, the plaintiff suffered a non-suit and has appealed as authorized by the statute. — § 819, Title 7, Code 1940.

The rule prevailing in this jurisdiction, as well as elsewhere, is that there must be a bona fide existing controversy of a justiciable character to confer upon the court jurisdiction to grant declaratory…