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FROST v. GAZAWAY

45004, 45005.

122 Ga. App. 244 (1970)

176 S.E.2d 476

FROST v. GAZAWAY et al. FROST v. ELDER, Clerk, et al.

Court of Appeals of Georgia.

Decided June 16, 1970.

Rehearing Denied July 24, 1970.

Attorney(s) appearing for the Case

Spivey & Carlton, Milton A. Carlton, for appellant.

Heyman & Sizemore, W. Dan Greer, Neal H. Ray, H. W. Davis, John A. Darsey, J. N. Rainey, for appellees.

QUILLIAN, Judge.

In order to sustain an action for declaratory judgment, the legal representative of a necessary party must be included. Burgess v. Burgess, 210 Ga. 380, 382 (80 S.E.2d 280). "No declaration shall prejudice the rights of persons not parties to the proceeding." Code Ann. § 110-1106 (Ga. L. 1945, pp. 137, 138; 1959, pp. 236, 237). A necessary or indispensable party...

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