Supreme Court of Georgia, 1966

Devitt v. Close

Devitt v. Close
Supreme Court of Georgia · Decided March 10, 1966 · Cook
221 Ga. 858; 148 S.E.2d 319; 1966 Ga. LEXIS 725

Devitt v. Close

Opinion of the Court

Cook, Justice.

The order appealed from in the present case was one refusing to vacate a prior order removing trustees and appointing a new trustee. It was entered while- the case was on appeal to this court from a ruling on general demurrer, and prior to the decision by this court holding that the petition did not state a cause of action. Devitt v. Close, 221 Ga. 555 (146 SE2d 286). We have on this date decided that the- petition as amended failed to state a cause of actibn. Devitt v. Close, ante. The order appealed from in the present case, granting relief under the petition which stated no- cause of action, must be

Reversed.

All the Justices concur.

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