Benefield v. Morrison, 5 Div. 749
| Decision Date | 14 September 1961 |
| Docket Number | 5 Div. 749 |
| Citation | 272 Ala. 520,133 So.2d 60 |
| Parties | Stell BENEFIELD, Judge of Probate, et al. v. Rudolph MORRISON et al. |
| Court | Alabama Supreme Court |
Lewis H. Hamner, Jr., Roanoke, and H. M. Brittain, Wedowee, for appellants.
Hooton & Hooton, Roanoke, for appellees.
Some of the respondents below bring this appeal from a decree of the circuit court of Randolph County, in equity, overruling their demurrer to appellees' bill seeking a declaration as to the constitutionality of Act No. 128, appvd. July 8, 1955 (Acts 1955, Vol. 1, p. 377).
We have no alternative but to dismiss the appeal for the reason that said Act has been repealed by Act No. 960, appvd. Sept. 9, 1961, thus rendering moot any question as to its constitutionality.
Appeal dismissed.
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...moot. Moncla v. City of Lafayette, 226 So.2d 572 (La.App.1969); 5 CJS, Appeal & Error, Section 1354(1). See also, Benefield v. Morrison, 272 Ala. 520, 133 So.2d 60 (1961); Wright v. Housing Authority of City & County of Denver, 136 Colo. 448, 318 P.2d 1103 (1957); Board of Public Instructio......
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