(DOWNLOAD) "Henry W. Howle Et Al. v. Alabama State" by Supreme Court of Alabama # eBook PDF Kindle ePub Free
eBook details
- Title: Henry W. Howle Et Al. v. Alabama State
- Author : Supreme Court of Alabama
- Release Date : January 15, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
LIVINGSTON, Chief Justice. Appellants filed a bill of complaint in equity in the Circuit Court of Montgomery County, Alabama,
under the provisions of Article 12, 156 et seq., Title 7, Code of Alabama 1940, seeking a declaratory judgment
against appellee, Alabama Milk Control Board. Appellee moved to strike the bill of complaint on the grounds that Section 226,
Title 22, Code 1940, provides an exclusive method to challenge or review an order, rule or regulation of the Alabama State
Milk Control Board, that appellants did not comply with the provisions of this statute, and that this action was barred by
the statute of limitations and laches. Appellants moved to strike the motion to dismiss on the grounds that the motion to
dismiss for want of equity has been abolished in this state. The motion to strike and the motion to dismiss were heard by
the court at the same time, and a decree was entered denying the motion to strike and dismissing the cause. Appellants have been engaged in business in Cullman, Alabama, since 1949, as milk distributors. They distribute milk, at
wholesale and retail, in the territory composed of Cullman, Winston, Walker, Marshall, Morgan, Blount and Marion Counties.
Appellee extended its jurisdiction over said territory, with the exception of Marion County, in September 1951. At the time
of the extension of the board's jurisdiction, appellants were purchasing their entire supply of milk from producers located
within said area, while other distributors in the same area were purchasing substantially their entire supply of milk from
producers outside the State of Alabama. On February 18, 1952, appellee promulgated rules of Fair Trade Practices, which permitted
distributors to discontinue receiving milk from producers in accordance with a previous continuing course of business, prior
to a base-building period, by giving thirty days' notice to said producers and the board. On December 10, 1953, the board
amended Rules 9 and 10 of the Fair Trade Practices, so as to provide that no distributor could discontinue the purchase of
producer's milk without obtaining the consent of the board upon a petition filed by said distributor. These amendments allowed
the board in its discretion to set the petition down for hearing.
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