Bankers Life & Casualty Co. v. Cravey

82 S.E.2d 150, 90 Ga. App. 113, 1954 Ga. App. LEXIS 649
CourtCourt of Appeals of Georgia
DecidedMay 11, 1954
Docket34990
StatusPublished
Cited by11 cases

This text of 82 S.E.2d 150 (Bankers Life & Casualty Co. v. Cravey) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bankers Life & Casualty Co. v. Cravey, 82 S.E.2d 150, 90 Ga. App. 113, 1954 Ga. App. LEXIS 649 (Ga. Ct. App. 1954).

Opinion

Quillian, J.

We first consider whether the plaintiff was entitled to a declaratory judgment as prayed in prayers (c) and (e) of its petition. These two prayers simply invoke the decree of the court, first, that it has, though unlicensed by any authority of the State of Georgia, the right to write insurance in the State, on account of its contention that the Comptroller-General wrongfully refused it a license to do business legally in the past and up to the time of the filing of the petition; and secondly, that for the same reasons it may continue in the future to write insurance in Georgia though unlicensed by any authority of this *119 State. The first question is moot because the time referred to in the first prayer, namely the time before and up to and including the filing of the petition is past, and was immediately after the petition was filed. The courts do not concern themselves with the solution of academic problems or the determination of dead issues. “If an action for a declaration raises issues which are fictitious, colorable, hypothetical, abstract, academic, or dead, and hence moot, the Georgia statute is not applicable, and the action must be dismissed as decisively as would be any other action presenting the same non-justiciable issues.” Felton v. Chandler, 75 Ga. App. 354 (7) (43 S. E. 2d 742).

The second question presented no question for consideration by the court for a variety of very simple reasons: (a) No one was disputing, or so far as the record discloses, threatening to question the legality of the plaintiff’s conduct in writing insurance in the State without a license; and while the impropriety of doing so may have itself suggested apprehension that the authorities would sooner or later call the plaintiff to account, there was no controversy of a justiciable nature or otherwise existing at the time the petition was filed. There must be an actual controversy in order for the courts to entertain a petition for declaratory judgment. “The word ‘actual’ preceding the word ‘controversy’ in section 1 of the act, is a word of emphasis, and not of definition. The word ‘controversy’ within itself contemplates a justiciable controversy. 16 Am. Jur., 285, § 10; Borchard on Declaratory Judgments (2d ed.), p. 40. The words ‘[legal] rights, [legal] status, and other legal relations,’ of section 13 of the act are dependent upon an ‘actual controversy’ in a proceeding for declaratory judgment. . . A controversy is justiciable when there are ‘interested parties’ asserting ‘adverse’ claims (Borchard on Declaratory Judgments, 2d ed., p. 36; 16 Am. Jur., 284, § 10) upon a state of facts which must have accrued, wherein a legal decision is sought or demanded. ‘For the principle of a declaratory judgment is that it declares the existing law on an existing state of facts. The danger or dilemma of the plaintiff must be present, and not contingent on the happening of hypothetical future events.’ ” Brown v. Lawrence, 204 Ga. 788, 791 (51 S. E. 2d 651).

While the courts, upon proper application for guidance, look *120 into the future and give to the parties such directions as in the interest of justice they are entitled to, it is not the function of the courts to look into the future for the facts and declare what legal status will exist, what relationships will be involved, or what acts will be within or without the law. It is difficult enough in many instances for them to decide these matters on facts shown to presently exist; but it is patently impossible for the judges to give directions by decree, predicated upon anticipated events that may or may not occur. Brown v. Lawrence, supra.

So, we observe, it would be impossible - for a decree to be so moulded as to incompass future contingencies. Giving answers to legal questions based on future events is to answer hypothetical questions. This the court declines to do. “The statutes relative to declaratory judgments do not as a rule contemplate declarations upon remote contingencies or as to matters where the interest of the plaintiff is merely contingent upon the happening of some event in the future. Hence, the courts will not, ordinarily, attempt to decide or declare the rights or status of parties upon a state of facts which is contingent or uncertain or until the question as to which a declaration is sought has actually arisen. This rule is similar to the one observed where the guidance of an equity or probate court is sought under the practice which prevails independent of declaratory judgments statutes. In accordance with this view, it has been held that the Federal Declaratory Judgments Act cannot be invoked in order to obtain an advisoiy decree upon a hypothetical state of facts which may never become real.” 16 Am. Jur. 293, Declaratory Judgments, § 19.

What is written here does not mean that, if the happening of the future event is certain in the order of nature, such as the passing of the seasons, certainty of death at some time, or the assurance that a tax will be levied in some amount, the court may not assume and predicate its decrees on those events as though presently existing.

The remedy of declaratory judgment is open to no litigant who has as complete and adequate a remedy at law or in equity as is afforded by a declaratory judgment, and it is not available where no peculiar facts or circumstances render the remedy of declaratory judgment better adjusted to the situation than other *121 remedies available to the plaintiff. The plaintiff has such remedy in this case by following the procedure prescribed by Code §§ 56-419 and 56-422, providing for application to the Comptroller-General for a license and hearing before that official as to the plaintiff’s right to have the license issued to it, and the remedy of mandamus is open to the plaintiff to compel the Comptroller to issue it a license, provided it is legally entitled to be licensed. Findley v. City of Vidalia, 78 Ga. App. 581 (51 S. E. 2d 542); City of Summerville v. Sellers, 82 Ga. App. 361 (61 S. E. 2d 160).

Prayer (b) of the petition is that the plaintiff be directed as to whether it should pay certain money to the Comptroller. The petition does not show that any demand had been made for the money or claim laid to it by the Comptroller named in the suit, or that even a threat to collect it had been made by him. There was no semblance of a controversy in reference to the payment of that money, and the trial court correctly held there was none.

Prayer (d) of the petition seeks direction as to the payment of taxes already paid, the recovery of which, if the defendant has any right to recover then, is amply provided for by statute. Moreover, it does not appear from the petition that any demand has been made for these taxes or that there is any controversy concerning them.

The other prayers of the petition were merely for process and general relief.

The best reason for the trial court’s correct decision not to entertain the petition applies to the petition as a whole and all of its prayers.

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Bluebook (online)
82 S.E.2d 150, 90 Ga. App. 113, 1954 Ga. App. LEXIS 649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bankers-life-casualty-co-v-cravey-gactapp-1954.