Vidalia Production Credit Ass'n v. Durrence

If this court were able to reach the conclusion either that the trial court did not pass on the merits of the controversy, or that it erroneously passed on the merits of the controversy, it would be necessary only to rule on whether the petition sets out a situation entitling the plaintiff to a declaratory judgment and we would not reach a discussion of the case on its merits. However, one of the demurrers which was sustained by the trial court is as follows: “There is no cause of action set out in and by said petition and under the allegations made the plain tiff is not entitled to the…