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2018 Georgia Code 9-4-10 | Car Wreck Lawyer

TITLE 9 CIVIL PRACTICE

Section 4. Declaratory Judgments, 9-4-1 through 9-4-10.

ARTICLE 6 REVIVAL

9-4-10. Equity jurisdiction not impaired.

Nothing in this chapter is intended to impair the equity jurisdiction of the superior courts of the state.

(Ga. L. 1945, p. 137, § 10.)

JUDICIAL DECISIONS

Limits on declaratory judgment not applicable to petition for equitable relief.

- Rule that courts generally will not entertain an action for declaratory judgment as to questions which may be determined in a pending action is not applicable when the petitioners are seeking equitable relief. Todd v. Conner, 220 Ga. 173, 137 S.E.2d 614 (1964).

Cited in Shippen v. Folsom, 200 Ga. 58, 35 S.E.2d 915 (1945).

RESEARCH REFERENCES

Am. Jur. 2d.

- 22A Am. Jur. 2d, Declaratory Judgments, § 65.

C.J.S.

- 26 C.J.S., Declaratory Judgments, § 114.

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