Sutker v. Pennsylvania Insurance Company

Full title: SUTKER et al. v. PENNSYLVANIA INSURANCE COMPANY et al

Court: Supreme Court of Georgia

Date published: Jan 19, 1967

153 S.E.2d 540 (Ga. 1967)

153 S.E.2d 540

Opinion

23880.

ARGUED JANUARY 9, 1967.

DECIDED JANUARY 19, 1967.

Action on contract. Chatham Superior Court. Before Judge McWhorter.

Kravitch Hendrix, Aaron Kravitch, Phyllis Kravitch, Bart E. Shea, John W. Hendrix, for appellants.

W. Ward Newton, Richardson, Doremus Karsman, Brannen, Clark Hester, Perry Brannen, for appellees.

NICHOLS, Justice.

In determining whether an action brought in the superior court is in equity or at law both the allegations and the prayer must be examined, and where as in the case sub judice the reformation of a contract is prayed for but the allegations of the petition fail to allege fraud or mutual mistake, the action seeking a money judgment is one at law and not in equity. Accordingly, the Court of Appeals and not this court has jurisdiction of the appeal. See Atlanta Finance Co. v. Fitzgerald, 189 Ga. 121 ( 5 S.E.2d 242); Jones v. Lawman, 184 Ga. 25, 28 ( 190 S.E. 607); State Hwy. Dept. v. Hewitt Contr. Co., 221 Ga. 621, 623 ( 146 S.E.2d 632), and citations.

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

ARGUED JANUARY 9, 1967 — DECIDED JANUARY 19, 1967.