Barrett v. Asbell

Supreme Court of Georgia

Barrett v. Asbell

169 S.E.2d 779, 225 Ga. 521, 1969 Ga. LEXIS 553

CourtSupreme Court of Georgia

DecidedSeptember 9, 1969

Docket25333

StatusPublished

Cited by3 cases

This text of 169 S.E.2d 779 (Barrett v. Asbell) 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

Barrett v. Asbell, 169 S.E.2d 779, 225 Ga. 521, 1969 Ga. LEXIS 553 (Ga. 1969).

Pincite

Opinion

Nichols, Justice.

The appeal in this case is from a judgment dismissing a pleading designated as a complaint in equity to set aside an adoption decree filed by the natural mother of the adopted children. The grounds relied upon in the complaint are the failure to serve the mother and the failure to affirmatively find that the children had been abandoned by the mother. Held:

Under the provisions of Ga. L. 1966, p. 609 (Code Ann. § 81A-160), the complaint is in reality a motion to set aside and not a complaint in equity. Accordingly, the Court of Appeals and not this court has jurisdiction of the appeal. Compare O’Leary v. Smith, 225 Ga. 8 (165 SE2d 730) ; Besyess v. Lites, 206 Ga. 8 (55 SE2d 602).

Transferred to Court of Ayyeals.

All the Justices concur.

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