Central of Georgia Railway Co. v. Southern Clays, Inc.
Court of Appeals of Georgia
1Opinion of the CourtTownsend, 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 cited6 opinions
- Georgia Casualty & Surety Co. v. TurnerCourt of Appeals of Georgia · 1952
- Mensinger v. Standard Accident Ins. Co.Supreme Court of Georgia · 1947
- Sumner v. DavisSupreme Court of Georgia · 1955
- Southern Railway Co. v. Acme Fast Freight Inc.Supreme Court of Georgia · 1942
- Drake v. General Accident, Fire & Life Assurance Corp.Court of Appeals of Georgia · 1953
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Southern Nitrogen Co. v. Stevens Shipping Co.Court of Appeals of Georgia · 1966
- Woodall v. BeauchampCourt of Appeals of Georgia · 1977
- McKee v. Southern Railway Co.District Court, M.D. Georgia · 1970
- U. S. A., Inc. v. KirklandCourt of Appeals of Georgia · 1977
- SOUTHERN RAILWAY COMPANY v. Brunswick Pulp & Paper Co.District Court, S.D. Georgia · 1974
2 more not listed; retrieve them via the Exa API.