Dunn v. Campbell
Dunn v. Campbell
Opinion of the Court
The second ground of general demurrer is that the petition does- not set forth a valid cause of action for declaratory judgment. This court has held in full-bench cases: “While, under Ga. L. 1959, p. 236, amending the Declaratory Judgments Act (Ga. L. 1945, p. 137; Code Ann. § 110-1101 et seq.), by adding thereto Section 1(c), one is not precluded from obtaining relief by declaratory judgment merely because the complaining party has other adequate legal or equitable remedy or remedies, yet ‘The object of the declaratory judgment is to permit determination of a controversy before obligations are repudiated or
The trial judge erred in overruling the defendant’s demurrer to the petition.
Judgment reversed.
Dissenting Opinion
dissenting. The foregoing opinion does not express my views. I think the petition set forth a cause for declaratory judgment and was not subject to demurrer for any of the reasons assigned.
Reference
- Full Case Name
- DUNN v. CAMPBELL, Commissioner of Agriculture
- Cited By
- 12 cases
- Status
- Published