Bivings v. City of Atlanta

Supreme Court of Georgia

Bivings v. City of Atlanta

94 S.E.2d 735, 212 Ga. 654, 1956 Ga. LEXIS 483

CourtSupreme Court of Georgia

DecidedSeptember 13, 1956

Docket19478

StatusPublished

Cited by4 cases

This text of 94 S.E.2d 735 (Bivings v. City of Atlanta) 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

Bivings v. City of Atlanta, 94 S.E.2d 735, 212 Ga. 654, 1956 Ga. LEXIS 483 (Ga. 1956).

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Opinion

Mobley, Justice.

The plaintiff in error seeks to have reviewed a judgment sustaining a general demurrer to his petition for a declaratory judgment. His petition does not allege any basis for equitable relief, nor is it converted info an equitable action by virtue of a prayer for an injunction to maintain the status of the parties until the legal questions presented therein may be settled. Milwaukee Mechanics’ Ins. Co. v. Davis, 204 Ga. 67, 70 (48 S. E. 2d 876); Findley v. City of Vidalia, 204 Ga. 279 (49 S. E. 2d 658); Georgia Casualty & Surety Co. v. Turner, 208 Ga. 782 (60 S. E. 2d 771); Peoples v. Bass, 211 Ga. 802 (89 S. E. 2d 171). The petition involves only questions of law which the Court of Appeals, and not this court, has jurisdiction to decide. Therefore, the case must be

Transferred to the Court of Appeals.

All the Justices concur.

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Mobley, Justice.

The plaintiff in error seeks to have reviewed a judgment sustaining a general demurrer to his petition for a declaratory judgment. His petition does not allege any basis for equitable relief, nor is it converted info an equitable action by virtue of a prayer for an injunction to maintain the status of the parties until the legal questions presented therein may be settled. Milwaukee Mechanics’ Ins. Co. v. Davis, 204 Ga. 67, 70 (48 S. E. 2d 876); Findley v. City of Vidalia, 204 Ga. 279 (49 S. E. 2d 658); Georgia Casualty & Surety Co. v. Turner, 208 Ga. 782 (60 S. E. 2d 771); Peoples v. Bass, 211 Ga. 802 (89 S. E. 2d 171). The petition involves only questions of law which the Court of Appeals, and not this court, has jurisdiction to decide. Therefore, the case must be

Transferred to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

94 S.E.2d 735, 212 Ga. 654, 1956 Ga. LEXIS 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bivings-v-city-of-atlanta-ga-1956.

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