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Benefield v. Morrison

Supreme Court of Alabama
Sep 14, 1961
133 So. 2d 60 (Ala. 1961)

Opinion

5 Div. 749.

September 14, 1961.

Appeal from the Circuit Court, Randolph County, Albert Hooton, J.

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We have no alternative but to dismiss the appeal for the reason that said Act has been repealed by Act No. 960, appvd.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.

LIVINGSTON, C. J., and SIMPSON and COLEMAN, JJ., concur.


Summaries of

Benefield v. Morrison

Supreme Court of Alabama
Sep 14, 1961
133 So. 2d 60 (Ala. 1961)
Case details for

Benefield v. Morrison

Case Details

Full title:Stell BENEFIELD, Judge of Probate, et al. v. Rudolph MORRISON et al

Court:Supreme Court of Alabama

Date published: Sep 14, 1961

Citations

133 So. 2d 60 (Ala. 1961)
133 So. 2d 60

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