Declaratory judgment inappropriate when issues moot.

- Since the plaintiff was seeking to have its present rights determined under a contract and the contract expired, by the plaintiff's own terms, three months prior to final adjudication in the trial court, the questions before the Court of Appeals became moot and abstract insofar as relief by declaratory judgment was concerned; if the court should declare the rights of the plaintiff under the contract it would be answering an academic, hypothetical question because the contract sought to be construed was no longer of force and to give the plaintiff answers on appeal could not aid in determination of future conduct under the contract. Consolidated Quarries Corp. v. Davidson, 79 Ga. App. 248, 53 S.E.2d 231 (1949).

Declaratory judgment inappropriate when other action needed to settle controversy.

- It is a basic rule of declaratory judgment law that, when it will be necessary to bring another action or proceeding to settle the controversy, a declaratory judgment will not be granted. Consolidated Quarries Corp. v. Davidson, 79 Ga. App. 248, 53 S.E.2d 231 (1949).

Court may refuse declaratory judgment where evidence favorable to defendant.

- When, before entry of default judgment, trial or hearing on the merits for final relief is held in a suit for declaratory judgment or injunction or both, and the defendant appears and opposes the relief sought, the trial court may treat the evidence adduced as constituting the answer of the defendant and refuse to enter declaratory or injunctive relief by default if any evidence adduced would authorize judgment in favor of the defendant. Nelson v. Bloodworth, 238 Ga. 264, 232 S.E.2d 547 (1977).

Cited in Shippen v. Folsom, 200 Ga. 58, 35 S.E.2d 915 (1945); Cook v. Sikes, 210 Ga. 722, 82 S.E.2d 641 (1954); Pennsylvania Thresherman & Farmers Mut. Cas. Ins. Co. v. Gardner, 107 Ga. App. 472, 130 S.E.2d 507 (1963); Nash v. Johnson, 192 Ga. App. 412, 385 S.E.2d 294 (1989).

Am. Jur. 2d.

- 22A Am. Jur. 2d, Declaratory Judgments, § 7.

C.J.S.

- 26 C.J.S., Declaratory Judgments, § 11 et seq.

U.L.A.

- Uniform Declaratory Judgments Act (U.L.A.) § 6.

ALR.

- Declaration of rights or declaratory judgments, 12 A.L.R. 52; 19 A.L.R. 1124; 50 A.L.R. 42; 68 A.L.R. 110; 87 A.L.R. 1205; 114 A.L.R. 1361; 142 A.L.R. 8.

Doctrine of in pari delicto as applicable to suits for declaratory relief, 141 A.L.R. 1427.

Extent to which principles of res judicata are applicable to judgments in actions for declaratory relief, 10 A.L.R.2d 782.