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

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-4-10 Case Law from Google Scholar Amendments to OCGA 9-4-10

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.

Cases Citing O.C.G.A. § 9-4-10

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Montgomery v. Barrow, 692 S.E.2d 351 (Ga. 2010).

Cited 40 times | Published | Supreme Court of Georgia | Mar 25, 2010 | 286 Ga. 896, 2010 Fulton County D. Rep. 1013

...o so was through a lawsuit. See OCGA § 44-5-46. But filing a lawsuit to obtain the truth about who owned the property was a procedure equally available to the Robert Barrow estate and B & B. See Georgia Declaratory Judgments Act, OCGA §§ 9-4-1 to 9-4-10....
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Charles H. Wesley Educ. Found., Inc. v. State Election Bd., 654 S.E.2d 127 (Ga. 2007).

Cited 22 times | Published | Supreme Court of Georgia | Nov 21, 2007 | 282 Ga. 707, 2007 Fulton County D. Rep. 3588

...A staff member, even an attorney, cannot usurp the Board's exclusive authority over rulemaking. Under the Georgia APA, the Board itself is required to decide the fate of the Wesley Foundation's petition for rulemaking. [25] OCGA § 9-11-12(b)(6). [26] OCGA §§ 9-4-1 to 9-4-10....
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Daniel v. Amicalola Elec. Membership Corp., 711 S.E.2d 709 (Ga. 2011).

Cited 16 times | Published | Supreme Court of Georgia | Jun 27, 2011 | 289 Ga. 437, 2011 Fulton County D. Rep. 1935

...(in part) a declaratory judgment action and the Daniels failed to timely serve the Attorney General with a copy of the proceeding. [2] AEMC cites OCGA § 9-4-7(c), which is part of Georgia's Uniform Declaratory Judgments Act, see OCGA §§ 9-4-1 to 9-4-10....
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Acevedo v. Kim, 669 S.E.2d 127 (Ga. 2008).

Cited 10 times | Published | Supreme Court of Georgia | Nov 3, 2008 | 284 Ga. 629, 2008 Fulton County D. Rep. 3436

...[10] Porter v. Houghton, 273 Ga. 407, 542 S.E.2d 491 (2001). [11] Porter v. Houghton, 273 Ga. at 407, 542 S.E.2d 491. [12] Kaylor v. Kaylor, 236 Ga. 777, 225 S.E.2d 320 (1976). [13] Kaylor v. Kaylor, 236 Ga. at 778, 225 S.E.2d 320. [14] OCGA §§ 9-4-1 to 9-4-10....