Legal Opinion

Bright v. City of Washington

Court of Appeals of Georgia

Decided January 30, 1957No. 36536PublishedCited by 3 opinions

1Opinion of the CourtTownsend, J.

It is now well established that' the declaratory judgment statute in this State does not take the place of existing remedies, and is not available where there exists a remedy, either in law or equity, unless there be some fact or circumstances which necessitate a determination of the dispute, not merely for the purpose of enforcing accrued rights, but “to guide and protect the petitioner from uncertainty and insecurity with respect to the propriety of some future act or conduct which is properly incident to his alleged rights, and which future action without such direction might reasonably…

2Cases cited4 opinions

  1. Sumner v. DavisSupreme Court of Georgia · 1955
  2. Robins v. McGeheeSupreme Court of Georgia · 1907
  3. Roe v. Doe ex demise DowningSupreme Court of Georgia · 1872
  4. Savannah Theatres Co. v. First Federal Savings & Loan Ass'nCourt of Appeals of Georgia · 1956

3Cited by3 opinions

  1. James A. Bowdoin v. Buford Malone, Jr., and United States of AmericaCourt of Appeals for the Fifth Circuit · 1961
  2. James A. Bowdoin v. Buford Malone, Jr., and United States of AmericaCourt of Appeals for the Fifth Circuit · 1961
  3. Kidd v. Mayor of MilledgevilleCourt of Appeals of Georgia · 1958

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