MOCK v. DARBY

40636.

109 Ga. App. 620 (1964)

137 S.E.2d 81

MOCK v. DARBY.

Court of Appeals of Georgia.

Decided April 24, 1964.


Attorney(s) appearing for the Case

Neville & Neville, for plaintiff in error.

Allen & Edenfield, contra.


EBERHARDT, Judge.

The only exception in this declaratory judgment case is to the overruling of the general demurrer to the petition. "Whether or not the plaintiff is entitled to a declaratory judgment upon a hearing, is not dependent upon a determination of whether or not his contention in the controversy be a correct one. It may be found untenable upon the hearing, but he will not for that reason be sent from court, but is entitled to have the court, upon evidence...

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