Saenger Theatres Corporation v. McDermott, 1 Div. 43.
Citation | 237 Ala. 489,187 So. 460 |
Decision Date | 23 February 1939 |
Docket Number | 1 Div. 43. |
Parties | SAENGER THEATRES CORPORATION v. MCDERMOTT ET AL. |
Court | Supreme Court of Alabama |
Rehearing Denied March 30, 1939.
Appeal from Circuit Court, Mobile County; Jas. H. Webb, Judge.
Bill for declaratory judgment by Saenger Theatres Corporation against Clara McDermott and William V. McDermott. From a decree sustaining a demurrer to the bill, complainant appeals.
Affirmed.
Ball & Ball, of Montgomery, for appellant.
Wm. V McDermott, of Mobile, for appellees.
The bill, filed by appellant, seeks relief under the Declaratory Judgment Act. General Acts 1935, p. 777.
The averments of the bill, designed to show a justiciable controversy, are embodied in paragraphs 7 and 8, which are here reproduced:
These averments clearly do not show such controversy. At most they merely show that complainants anticipate that such controversy may arise. This is not sufficient to...
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