Elmore v. Southern Bank & Trust Co.
Cases that cite this one
7 later published cases cite this decision.
- Bremen Products Co. v. Ledbetter Johnson Co. (Ga. 1964)
- Rucker v. Stark (Ga. 1953)
- Alsabrook v. Prudential Insurance (Ga. 1932)
- Spence v. Miller (Ga. 1932)
- Burkhalter v. Virginia-Carolina Chemical Co. (Ga. 1930)
- Hosch v. Smith (Ga. 1923)
- Hosch v. Smith (Ga. Ct. App. 1923)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is a money rule against a sheriff, involving the claims of the holders of conflicting liens. Ho facts were involved which would entitle either party to equitable relief; and there being no prayer for such relief, the case is not within the principle of Berrie v. Smith, 97 Ga. 782 (25 S. E. 757). The remedy is purely statutory, and the case is not of that class of which the Supreme Court has jurisdiction, but is of the class of which the Court of Appeals has jurisdiction. While this court has likened a money rule to mandamus, of which it has jurisdiction as an extraordinary legal remedy, a money rule is not technically mandamus, nor does it involve an extraordinary remedy. The case is therefore transferred to the Court of Appeals.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.