McCALLUM v. QUARLES

20047.

214 Ga. 192 (1958)

104 S.E.2d 105

McCALLUM et al., Commissioners v. QUARLES.

Supreme Court of Georgia.

Decided June 4, 1958.


Attorney(s) appearing for the Case

Adams & McDonald, Cravey & Pentecost, for plaintiffs in error.


MOBLEY, Justice.

1. "`While our declaratory-judgment statute itself says that it should be liberally construed, it manifestly was never intended to be applicable to every occasion or question arising from any justiciable controversy, since the statute 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...

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