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Georgia Marble Company v. Tucker

Georgia Marble Company v. Tucker.

Ga. Marble Co. v. Tucker, 43 S.E.2d 245 (Ga. 1947)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
May 14, 1947
Docket
No. 15763.
Judges
Head
Citations
43 S.E.2d 245202 Ga. 3901947 Ga. LEXIS 434

Opinion of the Court — Head

Head, Justice.

1. A petition, alleging merely that a named defendant “claims” or “contends” that it is the owner of an interest in realty owned by the petitioner, falls short of stating a justiciable dispute as , contemplated by section 1 of the Declaratory Judgments Act (Ga. L. 1945, p. 137).

2. Under the rule stated by this court in Mayor &c. of Athens v. Gerdine, 202 Ga.

197 ( 42 S. E. 2d, 567 ), the Declaratory Judgments Act 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 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 jeopardize his interest.”

Mayor &c. of Athens v. Gerdine, supra.

Judgment reversed.

All the Justices concur.

*391 Crenshaw, Hans ell, 1

Yare £ Brandon and B. Frank Whelchel, for plaintiff in error.

Wheeler, Robinson £ Thurmond, contra.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 21 cases

View all citing references →
1948: 11949: 21950: 11951: 21955: 21956: 51957: 11958: 31960: 11962: 11963: 219482026peak 1956 · 5

Relies on it most ⓘ

  1. PENN. THRESHERMEN &C. INS. CO. v. Gardner130 S.E.2d 507 (Ga. Ct. App. 1963)
  2. Pennsylvania Threshermen & Farmers Mutual Casualty Insurance v. Gardner130 S.E.2d 507 (Ga. Ct. App. 1963)
  3. Sumner v. Davis88 S.E.2d 392 (Ga. 1955)
  4. Savannah Theatres Co. v. First Federal Savings & Loan Ass'n92 S.E.2d 217 (Ga. Ct. App. 1956)
  5. Calvary Independent Baptist Church v. City of Rome66 S.E.2d 726 (Ga. 1951)
  6. Rowan v. Herring105 S.E.2d 29 (Ga. 1958)

Most recent

  1. PENN. THRESHERMEN &C. INS. CO. v. Gardner130 S.E.2d 507 (Ga. Ct. App. 1963)
  2. Pennsylvania Threshermen & Farmers Mutual Casualty Insurance v. Gardner130 S.E.2d 507 (Ga. Ct. App. 1963)
  3. Pennsylvania Threshermen & Farmer's Mutual Casualty Insurance v. Wilkins127 S.E.2d 693 (Ga. Ct. App. 1962)
  4. Moore v. Young114 S.E.2d 446 (Ga. Ct. App. 1960)
  5. Rowan v. Herring105 S.E.2d 29 (Ga. 1958)
  6. McCallum v. Quarles104 S.E.2d 105 (Ga. 1958)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Mayor of Athens v. Gerdine, 42 S.E.2d 567 (Ga. 1947) 36

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