Hamrick v. Griffin

Court of Appeals of Georgia

Hamrick v. Griffin

103 S.E.2d 173, 97 Ga. App. 435, 1958 Ga. App. LEXIS 794

CourtCourt of Appeals of Georgia

DecidedMarch 19, 1958

Docket37065

StatusPublished

Cited by1 cases

This text of 103 S.E.2d 173 (Hamrick v. Griffin) 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

Hamrick v. Griffin, 103 S.E.2d 173, 97 Ga. App. 435, 1958 Ga. App. LEXIS 794 (Ga. Ct. App. 1958).

Pincite

Opinion

Quillian, Judge.

The exception being to the sustaining of. a general demurrer to the petition requesting a declaratory judgment, the issue to be here decided is whether the petition set forth a justiciable controversy as provided' by the Declaratory Judgment Act.

It is not so apparent from the averments of the petition compared with the requirements of the act under which the plaintiff seeks to qualify that he is not a peace officer as to exclude his right to have the issue passed upon and his status adjudicated by declaratory judgment. McCallum v. Quarles, 97 Ga. App. 178 (102 S. E. 2d 691); Georgia Casualty &c. Co. v. Turner, 86 Ga. App. 418, 422 (71 S. E. 2d 773); Parks v. Jones, 88 Ga. App. 188 (76 S. E. 2d 449); Darling v. Jones, 88 Ga. App. 812 (78 S. E. 2d 94).

The judge erred in sustaining the general demurrer to the petition.

The above ruling is not to be construed as determining whether or not the plaintiff is a peace officer and entitled to the benefits of the Peace Officers’ Annuity and Benefit Fund.

Judgment reversed.

Felton, C. J., and Nichols, J., concur.

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Quillian, Judge.

The exception being to the sustaining of. a general demurrer to the petition requesting a declaratory judgment, the issue to be here decided is whether the petition set forth a justiciable controversy as provided' by the Declaratory Judgment Act.

It is not so apparent from the averments of the petition compared with the requirements of the act under which the plaintiff seeks to qualify that he is not a peace officer as to exclude his right to have the issue passed upon and his status adjudicated by declaratory judgment. McCallum v. Quarles, 97 Ga. App. 178 (102 S. E. 2d 691); Georgia Casualty &c. Co. v. Turner, 86 Ga. App. 418, 422 (71 S. E. 2d 773); Parks v. Jones, 88 Ga. App. 188 (76 S. E. 2d 449); Darling v. Jones, 88 Ga. App. 812 (78 S. E. 2d 94).

The judge erred in sustaining the general demurrer to the petition.

The above ruling is not to be construed as determining whether or not the plaintiff is a peace officer and entitled to the benefits of the Peace Officers’ Annuity and Benefit Fund.

Judgment reversed.

Felton, C. J., and Nichols, J., concur.

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Bluebook (online)

103 S.E.2d 173, 97 Ga. App. 435, 1958 Ga. App. LEXIS 794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamrick-v-griffin-gactapp-1958.

Opinion

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