MENDEL v. PINKARD

21514.

217 Ga. 562 (1962)

123 S.E.2d 770

MENDEL et al., Trustees v. PINKARD et al.

Supreme Court of Georgia.

Decided January 22, 1962.


Attorney(s) appearing for the Case

John L. Westmoreland, John L. Westmoreland, Jr., Harry P. Hall, Jr., M. K. Pentecost, Jr., for plaintiffs in error.

Robert L. Pennington, Troutman, Sams, Schroder & Lockerman, contra.


CANDLER, Justice.

1. When this case was formerly here, it was held that the petition, as it then stood, did not state a cause of action either for a declaratory judgment or for the injunctive relief sought; that the trial judge for that reason erred in not dismissing the petition on general demurrer; and that, since the demurrer should have been sustained, all subsequent proceedings in the case, including a verdict and a final decree in favor of the plaintiffs, were...

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