Supreme Court of Georgia, 1957

Motels, Inc. v. Shadrick

Supreme Court of Georgia · Decided July 8, 1957 · No. 19750 · Candler

213 Ga. 434; 99 S.E.2d 107; 1957 Ga. LEXIS 405

Cases that cite this one

1 later published case cites this decision.

Bremen Products Co. v. Ledbetter Johnson Co. (Ga. 1964)

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

Candler, Justice.

When the petition in this case was filed in the Superior Court of Cobb County, on January 11, 1957, it prayed for both legal and equitable relief, but by an amendment to the petition, which was allowed on January 24, 1957, all prayers for equitable relief were stricken by the plaintiffs. On April 5, 1957, the trial judge overruled a general demurrer *435to the amended petition, and sustained four of the seven grounds of special demurrer with leave to amend in ten days. The defendants excepted to that judgment and sued out a writ of error to the Court of Appeals. That court transferred the case to this court for decision, on the theory that it was without jurisdiction. Since the petition, after being amended, sought only legal relief — a money judgment — the Court of Appeals and not this Court has jurisdiction to- decide the case. Code (Ann.) § 2-3704. Hence, it must be and is

Submitted July 8, 1957 Decided July 8, 1957. Vaughn Terrell, for plaintiffs in error.

Returned to the Court of Appeals for decision.

All the Justices concur.

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