Consolidated Credit Corp. v. Short

Supreme Court of Georgia

Consolidated Credit Corp. v. Short

162 S.E.2d 435, 224 Ga. 369, 1968 Ga. LEXIS 782

CourtSupreme Court of Georgia

DecidedMay 23, 1968

Docket24659

StatusPublished

Cited by1 cases

This text of 162 S.E.2d 435 (Consolidated Credit Corp. v. Short) 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

Consolidated Credit Corp. v. Short, 162 S.E.2d 435, 224 Ga. 369, 1968 Ga. LEXIS 782 (Ga. 1968).

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Opinion

Duckworth, Chief Justice.

This case was transferred to this court by the Court of Appeals because the complaint was allegedly seeking equitable relief which is within the exclusive jurisdiction of the Supreme Court for review on appeal. A report of the transfer may be found in Consolidated, Credit Corp. of Dalton v. Short, 117 Ga. App. 574 (161 SE2d 448). Under the new Civil Practice Act of 1966, as amended (Ga. L. 1966, pp. 609, 619; 1967, pp. 226, 230; Code Ann. § 81A-108, CPA § 8a) a short, plain statement of the claim and “a demand for judgment” for the relief petitioner seeks is all that is necessary to be filed in court. Here the petitioner alleges the defendant injured and harmed her by harrassing her in seeking to collect a debt she alleges for stated reasons she does not owe, and while she does not “demand” she does ask for relief in that the court “grant to her its most gracious writ of injunction” and for nominal and punitive damages. Accordingly, we find no error in denying the motion to dismiss the complaint for failing to set out a claim for the relief sought.

Judgment affirmed.

All the Justices concur.

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Duckworth, Chief Justice.

This case was transferred to this court by the Court of Appeals because the complaint was allegedly seeking equitable relief which is within the exclusive jurisdiction of the Supreme Court for review on appeal. A report of the transfer may be found in Consolidated, Credit Corp. of Dalton v. Short, 117 Ga. App. 574 (161 SE2d 448). Under the new Civil Practice Act of 1966, as amended (Ga. L. 1966, pp. 609, 619; 1967, pp. 226, 230; Code Ann. § 81A-108, CPA § 8a) a short, plain statement of the claim and “a demand for judgment” for the relief petitioner seeks is all that is necessary to be filed in court. Here the petitioner alleges the defendant injured and harmed her by harrassing her in seeking to collect a debt she alleges for stated reasons she does not owe, and while she does not “demand” she does ask for relief in that the court “grant to her its most gracious writ of injunction” and for nominal and punitive damages. Accordingly, we find no error in denying the motion to dismiss the complaint for failing to set out a claim for the relief sought.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

162 S.E.2d 435, 224 Ga. 369, 1968 Ga. LEXIS 782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolidated-credit-corp-v-short-ga-1968.

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