2020 Georgia Code
Title 9 - Civil Practice
Chapter 4 - Declaratory Judgments
§ 9-4-10. Equity Jurisdiction Not Impaired

Universal Citation: GA Code § 9-4-10 (2020)

Nothing in this chapter is intended to impair the equity jurisdiction of the superior courts of the state or of the Georgia State-wide Business Court.

(Ga. L. 1945, p. 137, § 10; Ga. L. 2019, p. 845, § 3-3/HB 239.)

The 2019 amendment, effective May 7, 2019, added "or of the Georgia State-wide Business Court" at the end of this Code section.

Law reviews.

- For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 1 (2019).

JUDICIAL DECISIONS

Limits on declaratory judgment not applicable to petition for equitable relief.

- Rule that courts generally will not entertain an action for declaratory judgment as to questions which may be determined in a pending action is not applicable when the petitioners are seeking equitable relief. Todd v. Conner, 220 Ga. 173, 137 S.E.2d 614 (1964).

Cited in Shippen v. Folsom, 200 Ga. 58, 35 S.E.2d 915 (1945).

RESEARCH REFERENCES

Am. Jur. 2d.

- 22A Am. Jur. 2d, Declaratory Judgments, § 65.

C.J.S.

- 26 C.J.S., Declaratory Judgments, § 114.

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