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BOGGS v. BROOME

18245.

209 Ga. 836 (1953)

76 S.E.2d 497

BOGGS et al. v. BROOME.

Supreme Court of Georgia.

Decided June 10, 1953.

Attorney(s) appearing for the Case

Young H. Fraser and John Wesley Weeks, for plaintiffs in error.

J. A. McCurdy and H. O. Hubert Jr., for party at interest not party to record.

Wm. G. McRae and J. E. B. Stewart, contra.

DUCKWORTH, Chief Justice.

1. A petition seeking a declaratory judgment under Ga. L. 1945, p. 137 (Code, Ann. Supp., § 110-1101 et seq.) is not per se an equitable action. Felton v. Chandler, 201 Ga. 347 (39 S.E.2d 654); Georgia Casualty & Surety Co. v. Turner, 208 Ga. 782 (69 S.E.2d 771).

2. The ruling by the trial judge, unexpected to, upholding the constitutionality...

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