Legal Opinion

Savannah Theatres Co. v. First Federal Savings & Loan Ass'n

Court of Appeals of Georgia

Decided January 27, 1956No. 35923, 35926PublishedCited by 6 opinions

1Opinion of the CourtNichols, J.

“ ‘While our declaratory-judgment statute itself says that it should be liberally construed, it manifestly was never intended to be applicable to every occasion or question arising from any justiciable controversy, since the statute does not take the place of existing remedies. It therefore follows that 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 circumstances which necessitate a determination of disputes, not merely for the purpose of enforcing accrued rights, but in order to guide and protect the…

2Cases cited9 opinions

  1. Shippen v. FolsomSupreme Court of Georgia · 1945
  2. Mayor of Athens v. GerdineSupreme Court of Georgia · 1947
  3. Clein v. KaplanSupreme Court of Georgia · 1946
  4. Sumner v. DavisSupreme Court of Georgia · 1955
  5. Georgia Marble Company v. TuckerSupreme Court of Georgia · 1947

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

3Cited by6 opinions

  1. Empire Fire & Marine Insurance v. Metro Courier Corp.Court of Appeals of Georgia · 1998
  2. United States Casualty Co. v. Georgia Southern & Florida Ry. Co.Court of Appeals of Georgia · 1957
  3. Jahncke Service, Inc. v. Department of TransportationCourt of Appeals of Georgia · 1975
  4. Bright v. City of WashingtonCourt of Appeals of Georgia · 1957
  5. Powers v. KlevenCourt of Appeals of Georgia · 1958

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

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