Tucker v. American Surety Co. of NY

Atkinson, Presiding Justice.

(After stating the foregoing facts.) This case arose on a petition for a declaratory judgment under Code (Ann. Supp.) § 110-1101 et seq. Mrs. Tucker demurred on the ground, among others, that the allegations contained in the petition did not state facts showing an actual controversy between the parties. A controlling question is whether the remedy of a declaratory judgment, or any other equitable remedy, is available to a surety on the bond of a deceased guardian to obtain an accounting of its liability, if any, as such surety to the ward or to the successor…