Opinion

Rudulph v. City of Homewood

245 Ala. 648
18 So. 2d 563
1944 Ala. LEXIS 366

Court: Supreme Court of Alabama
Filed: May 18, 1944
Status: Published
On the bench: Brown, Simpson
Cited by: 1 cases

The opinion

On Further Rehearing

The application for rehearing is without merit and is overruled.

The decree of affirmance is modified and the decree of the Circuit Court, in so far as it dismisses the bill, is vacated so the Circuit Court may be free to deal with the rights of the parties on the principles which we have stated in the opinion.

Let the appellee, City of Homewood, pay the costs of appeal.

Application overruled.

Decree of Affirmance modified.

All Justices concur, except SIMPSON, J., not sitting.

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