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TUCKER v. AMERICAN SURETY CO. OF N. Y.

16938.

206 Ga. 533 (1950)

57 S.E.2d 662

TUCKER v. AMERICAN SURETY CO. OF NEW YORK et al.

Supreme Court of Georgia.

February 16, 1950.

Attorney(s) appearing for the Case

Randall Evans Jr., for plaintiff in error.

Jones, Jones & Sparks, Wilson, Bennett, Pedrick & Bennett, Langdale, Smith & Tillman, and J. Mack Barnes, contra.

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...

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