Legal Opinion

Findley v. City of Vidalia

Court of Appeals of Georgia

Decided January 8, 1949No. 32243PublishedCited by 4 opinions

1Opinion of the CourtParker, J.

The motion to dismiss the writ of error on the ground that the case is moot because the contract has now been fully performed is denied.

The court did not err in sustaining the general demurrers and in dismissing the petition. “Where there exists a remedy, either in law or in equity, a petition for declaratory judgment will lie only when there be some fact or circumstance which necessitates a determination of disputes, not merely for the purpose of enforcing accrued rights, but in order to guide and protect the petitioner from uncertainty and insecurity with respect to the propriety of some…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. Equitable Loan & Security Co. v. WaringSupreme Court of Georgia · 1903
  2. Shippen v. FolsomSupreme Court of Georgia · 1945
  3. Mayor of Macon v. HuffSupreme Court of Georgia · 1878
  4. City Council of Augusta v. OwensSupreme Court of Georgia · 1900
  5. Mayor of Athens v. GerdineSupreme Court of Georgia · 1947

8 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Bankers Life & Casualty Co. v. CraveyCourt of Appeals of Georgia · 1954
  2. McCrary Engineering Corp. v. City of BowdonCourt of Appeals of Georgia · 1984
  3. Robertson v. TempleSupreme Court of Georgia · 1950
  4. Martin's Landing Foundation, Inc. v. Landing Lake AssociatesCourt of Appeals for the Eleventh Circuit · 1983

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