This action was purely declaratory, for which reason the court below was without jurisdiction to pass upon the questions • raised therein. We remand the ease with direction that an order be taken dismissing the case. So. Ry. Co. v. State of Georgia, 116 Ga. 276 (2) (42 S. E. 508); Howell V. Wilson, 137 Ga. 710 (74 S. E. 255).
Judgment reversed..
All the Justices concur. H. B. Moss, for plaintiffs.