Opinion

Calvary Independent Baptist Church v. City of Rome

  • 208 Ga. 312
  • 66 S.E.2d 726
  • 1951 Ga. LEXIS 348
Court
Supreme Court of Georgia
Filed
Sep 10, 1951
Status
Published
Author
Wyatt
On the bench
Candler, Wyatt, Atkinson, Head
Cited by
47 cases

damages could not be recovered in declaratory judgment action involving property rights where petition asserted that petitioner was entitled to damages if court denied its ownership claim

How later courts described this case

  • damages could not be recovered in declaratory judgment action involving property rights where petition asserted that petitioner was entitled to damages if court denied its ownership claim
  • reversing the trial court’s dismissal of appellant’s declaratory action involving its ownership of real property
  • noting Declaratory Judgment Act’s broad scope and comprehensive nature
  • overruling prior cases similar to Rico

Written by the judges who cited it.

The opinion

Wyatt, J.,

dissenting. I dissent because I do not think that this is a proper case for declaratory judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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