From Casetext: Smarter Legal Research

Patterson v. Correll

Supreme Court of Georgia
Feb 16, 1955
86 S.E.2d 113 (Ga. 1955)

Opinion

18817.

SUBMITTED JANUARY 12, 1955.

DECIDED FEBRUARY 16, 1955.

Action on contract. Before Judge Hendrix. Fulton Superior Court. November 1, 1954.

Johnson, Hatcher Meyerson, Henry M. Hatcher, Jr., for plaintiff in error.

John B. Griffin, contra.


This is a suit seeking to recover damages for misrepresentations made by the plaintiff in error, which it is alleged induced the defendant in error to purchase described real property. Such a case is not one over which this court has jurisdiction. See Elliott v. Dolvin, 160 Ga. 320 ( 127 S.E. 651). In the original petition there were prayers and allegations seeking injunctive relief. However, those paragraphs were stricken on demurrer, and that ruling was not excepted to. It follows, therefore, that since all equitable relief and all equitable features of the case have been effectually eliminated, the Court of Appeals, and not this court, has jurisdiction of the writ of error complaining of the overruling of the general demurrer to the petition. The case is accordingly.

Transferred to the Court of Appeals. All the Justices concur.

SUBMITTED JANUARY 12, 1955 — DECIDED FEBRUARY 16, 1955.


Summaries of

Patterson v. Correll

Supreme Court of Georgia
Feb 16, 1955
86 S.E.2d 113 (Ga. 1955)
Case details for

Patterson v. Correll

Case Details

Full title:PATTERSON v. CORRELL

Court:Supreme Court of Georgia

Date published: Feb 16, 1955

Citations

86 S.E.2d 113 (Ga. 1955)
86 S.E.2d 113

Citing Cases

Vaughan v. Oxenborg

Such a case sounds in law and not in equity. Patterson v. Correll, 211 Ga. 372 ( 86 S.E.2d 113). The trial…

Lorenz v. DeKalb County

2. During the oral argument in this court, counsel for the plaintiff in error having expressly abandoned, and…