Moore v. Robinson

Candler, Justice.

(After stating the foregoing facts.) The plaintiffs in error contend that this case is controlled by the ruling made in Brown v. Lawrence, 204 Ga. 788 (51 S. E. 2d, 651), which was decided on January 10, 1949. We do not think so. The facts are different. The Brown case, supra, was an action for declaratory relief, and we held that the pleaded facts did not show an actual justiciable controversy ripe for declaratory relief. Mr. Chief Justice Duckworth dissented. The facts differentiating the two'cases may be seen from the opinions, and they will not be set out here.

Before…