Supreme Court of GeorgiaJun 20, 1968
224 Ga. 430 (Ga. 1968)
224 Ga. 430162 S.E.2d 353



DECIDED JUNE 20, 1968.

Interpleader. Dougherty Superior Court. Before Judge Sabados.

Burt Burt, Donald D. Rentz, for appellant.

Malone, Drake Malone, Lee Hitchcock, Farkas, Landau Davis, Marvin T. Ormond, for appellees.

The appeal in this case was originally filed to the Court of Appeals and transferred by that court to this court as an appeal in an interpleader case involving equity. See Adler v. Ormond, 117 Ga. App. 600 ( 161 S.E.2d 435). Held:

Under the decision in Sanders v. Carney, 224 Ga. 429, the appeal must be returned to the Court of Appeals inasmuch as the sole issue in the case is which of the two claimants is entitled to the fund paid into the registry of the court and neither claimant sought any equitable relief.

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

SUBMITTED MAY 14, 1968 — DECIDED JUNE 20, 1968.