Only Parties Affected; When Municipality Made Party; When Attorney General Served and Heard

1. Law
2. Georgia Code
3. Civil Practice
4. Declaratory Judgments
5. Only Parties Affected; When Municipality Made Party; When Attorney General Served and Heard

1. No declaration shall prejudice the rights of persons not parties to the proceeding.
2. In any proceeding involving the validity of a municipal ordinance or franchise, the municipality shall be made a party and shall be entitled to be heard as a party.
3. If a statute of the state, any order or regulation of any administrative body of the state, or any franchise granted by the state is alleged to be unconstitutional, the Attorney General of the state shall be served with a copy of the proceeding and shall be entitled to be heard.

(Ga. L. 1945, p. 137, § 6.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 7 Am. Jur. 2d, Attorney General, §§ 22, 27 et seq. 22A Am. Jur. 2d, Declaratory Judgments, §§ 72, 78, 99.

C.J.S.

- 26 C.J.S., Declaratory Judgments, § 123 et seq.

U.L.A.

- Uniform Declaratory Judgments Act (U.L.A.) § 11.

ALR.

- Declaration of rights or declaratory judgments, 12 A.L.R. 52; 19 A.L.R. 1124; 50 A.L.R. 42; 68 A.L.R. 110; 87 A.L.R. 1205; 114 A.L.R. 1361; 142 A.L.R. 8.

Determination of constitutionality of statute or ordinance, or proposed statute or ordinance, as proper subject of judicial decision under declaratory judgment acts, 114 A.L.R. 1361.

Interest necessary to maintenance of declaratory determination of validity of statute or ordinance, 174 A.L.R. 549.

Extent to which principles of res judicata are applicable to judgments in actions for declaratory relief, 10 A.L.R.2d 782.

Download our app to see the most-to-date content.