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DARNELL v. TATE

16957.

206 Ga. 576 (1950)

58 S.E.2d 160

DARNELL v. TATE et al.

Supreme Court of Georgia.

Rehearing Denied March 15, 1950.

Attorney(s) appearing for the Case

Henderson & Burtz, Pickett & Pickett, and James H. Therrell, for plaintiff.

Wood & Tallant, Hall & Bloch, Tye, Thomson & Tye, H. G. Vandiviere, H. L. Buffington Jr., and William A. Ingram, for defendants.

ALMAND, Justice.

The motion of the plaintiff in error to amend the bill of exceptions by naming L. E. Tate, in his capacity as executor of the will of S. C. Tate, deceased, as a defendant in error, and to have the demurrer of L. E. Tate, as executor, and the order sustaining the same considered by the court as a part of the record, is granted.

1. As we construe the petition as amended, it is an action for a declaratory...

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