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DANIEL v. FEDERAL NAT. MTG.

28244.

231 Ga. 385 (1973)

202 S.E.2d 388

DANIEL v. FEDERAL NATIONAL MORTGAGE ASSN.

Supreme Court of Georgia.

Decided October 26, 1973.

Rehearing Denied November 8, 1973.

Attorney(s) appearing for the Case

Alfred C. Kammer, II, Michael H. Terry, for appellant.

Van Gerpen & Bovis, Earl J. Van Gerpen, William M. Schiller, for appellee.

Arthur K. Bolton, Attorney General, Alfred L. Evans, Jr., Assistant Attorney General, Wayne P. Yancey, Deputy Assistant Attorney General, amicus curiae.

NICHOLS, Justice.

1. The motion to dismiss relies upon the Act of 1945 (Ga. L. 1945, pp. 135, 138; Code Ann. § 110-1106), and cases exemplified by Board of Ed. of Hall County v. Shirley, 226 Ga. 770 (177 S.E.2d 711), and cits. That case, like those cited in such opinion, were declaratory judgment cases and the Act of 1945, supra, relates only to declaratory judgment proceedings. There...

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