Legal Opinion

United States Casualty Co. v. Georgia Southern & Florida Ry. Co.

Court of Appeals of Georgia

Decided January 22, 1957No. 36439, 36440PublishedCited by 22 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 cited12 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. Georgia Casualty & Surety Co. v. TurnerCourt of Appeals of Georgia · 1952
  5. Sumner v. DavisSupreme Court of Georgia · 1955

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

3Cited by22 opinions

  1. Leader National Insurance v. SmithCourt of Appeals of Georgia · 1985
  2. Phoenix Assurance Co. v. Glens Falls InsuranceCourt of Appeals of Georgia · 1960
  3. Atlantic Wood Industries, Inc. v. Argonaut Insurance CompanySupreme Court of Georgia · 1989
  4. Argonaut Insurance v. Atlantic Wood Industries, Inc.Court of Appeals of Georgia · 1988
  5. National Surety Corp. v. DunawayCourt of Appeals of Georgia · 1959

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

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