Bankers Life & Casualty Co. v. Cravey

Supreme Court of Georgia

Bankers Life & Casualty Co. v. Cravey

78 S.E.2d 507, 210 Ga. 239, 1953 Ga. LEXIS 525

CourtSupreme Court of Georgia

DecidedNovember 12, 1953

Docket18408

StatusPublished

This text of 78 S.E.2d 507 (Bankers Life & Casualty Co. v. Cravey) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bankers Life & Casualty Co. v. Cravey, 78 S.E.2d 507, 210 Ga. 239, 1953 Ga. LEXIS 525 (Ga. 1953).

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Opinion

Per Ctjriam.

An action brought under the Declaratory Judgments Act (Ga. L. 1945, p. 137), not being an equitable proceeding per se, must involve some phase of those cases listed in Code (Ann.) § 2-3704 in order to come within the jurisdiction of the Supreme Court on exceptions to the rulings of the lower court. The instant case, not involving a construction of the Constitution, but merely involving objections to its application, and not being in any manner an equity case, must be transferred to the Court of Appeals. Code (Ann.) §§ 2-3704, 2-3708; Felton v. Chandler, 201 Ga. 347 (39 S. E. 2d 654); Maynard v. Thrasher, 203 Ga. 280 (46 S. E. 2d 348).

Transferred to the Court of Appeals.

All the Justices concur, except Duck-worth, C. J., not participating.

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Per Ctjriam.

An action brought under the Declaratory Judgments Act (Ga. L. 1945, p. 137), not being an equitable proceeding per se, must involve some phase of those cases listed in Code (Ann.) § 2-3704 in order to come within the jurisdiction of the Supreme Court on exceptions to the rulings of the lower court. The instant case, not involving a construction of the Constitution, but merely involving objections to its application, and not being in any manner an equity case, must be transferred to the Court of Appeals. Code (Ann.) §§ 2-3704, 2-3708; Felton v. Chandler, 201 Ga. 347 (39 S. E. 2d 654); Maynard v. Thrasher, 203 Ga. 280 (46 S. E. 2d 348).

Transferred to the Court of Appeals.

All the Justices concur, except Duck-worth, C. J., not participating.

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Bluebook (online)

78 S.E.2d 507, 210 Ga. 239, 1953 Ga. LEXIS 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bankers-life-casualty-co-v-cravey-ga-1953.

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