BIVINGS v. CITY OF ATLANTA

36464.

95 Ga. App. 139 (1957)

97 S.E.2d 384

BIVINGS v. CITY OF ATLANTA et al.

Court of Appeals of Georgia.

Decided February 18, 1957.


Attorney(s) appearing for the Case

Alex McLennan, Robert A. Blackwood, for plaintiff in error.

John L. Westmoreland, John L. Westmoreland, Jr., G. Ernest Tidwell, J. C. Savage, J. M. B. Bloodworth, Henry L. Bowden, Newell Edenfield, Robert S. Wiggins, Ferrin Y. Mathews, contra.


FELTON. C. J.

This case falls squarely within the facts and rulings in Mayor &c. of Athens v. Gerdine, 202 Ga. 197, 198 (2) (42 S.E.2d 567), in which it was held: "Applying the foregoing principle to the petition in the instant case, seeking a declaratory judgment, the demurrer challenging the propriety of a declaratory judgment, should have been sustained. The petition showed that the Mayor and Council...

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