Dinkler v. Jenkins

Supreme Court of Georgia

Dinkler v. Jenkins

158 S.E.2d 381, 223 Ga. 807, 1967 Ga. LEXIS 708

CourtSupreme Court of Georgia

DecidedNovember 22, 1967

Docket24370

StatusPublished

Cited by2 cases

This text of 158 S.E.2d 381 (Dinkler v. Jenkins) 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

Dinkler v. Jenkins, 158 S.E.2d 381, 223 Ga. 807, 1967 Ga. LEXIS 708 (Ga. 1967).

Pincite

Opinion

Frankum, Justice.

1. This is a declaratory judgment action brought under Ga. L. 1945, p. 137, et seq. (Code Ann. Ch. 110-11). While the petition prays for a temporary restraining order and an interlocutory injunction, it is apparent that the sole purpose of the plaintiffs in seeking such orders was “to maintain the status pending the adjudication of the questions.” Such prayers do not make the case an equitable one. U. S. Cas. Co. v. Ga. S. & F. R. Co., 212 Ga. 569 (94 SE2d 422).

2. While a class action is a suit in equity (City of Atlanta v. Ga. Society of Prof. Engineers, 220 Ga. 62 (137 SE2d 41)), the mere statement contained in the introductory paragraph of a petition that the plaintiffs named in the petition bring the suit “on behalf of themselves and all others similarly situated” does not, without more, make the action a class action.

3. The case, not being one within the jurisdiction of this court, must be

Transferred to the Court of Appeals.

All the Justices concur.

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