Atkins v. Curtis

This is an appeal by respondent from a decree overruling a demurrer to a bill which seeks a declaratory judgment under section 156 et seq., Title 7, Code.

We have repeatedly held that when the bill of complaint alleges facts, sufficient to entitle complainant to a declaratory judgment settling the controversy,, it is not subject to demurrer in respect to the specific relief prayed for, and the decree of the court will ordinarily not be reviewed on appeal to that extent. But this. Court has done so when counsel on both sides have argued the case on appeal on that basis and seem desirous of a…