Legal Opinion · Dissent

Hansell v. Citizens & Southern National Bank

Supreme Court of Georgia

Decided May 13, 1957No. 19635Published

1DissentDuckworth, Chief Justice

That the State court had jurisdiction was originally held in this case in the opinion which I prepared for the then majority, and with the portion of the majority opinion and judgment so ruling I now concur. But I dissent from all other rulings of the majority.

Though admittedly there is conflict in our decisions as to when relief may be granted under the Declaratory Judgment statute there is no exception to the rule that, if one can not possibly be in doubt and uncertainty as to his rights, he may not obtain any relief under this statute. It is not possible for this petitioning minority…

2Cases cited29 opinions

  1. Union Savings Bank & Trust Co. v. DottenheimSupreme Court of Georgia · 1899
  2. Stewart v. AndersonSupreme Court of Georgia · 1913
  3. Central Railroad v. CollinsSupreme Court of Georgia · 1869
  4. Sumter County v. AllenSupreme Court of Georgia · 1941
  5. Abbott v. CommissionersSupreme Court of Georgia · 1925

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