Gavant v. Berger

Supreme Court of Georgia

Gavant v. Berger

180 S.E. 613, 180 Ga. 753, 1935 Ga. LEXIS 551

CourtSupreme Court of Georgia

DecidedJune 22, 1935

DocketNo. 10854

StatusPublished

This text of 180 S.E. 613 (Gavant v. Berger) 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

Gavant v. Berger, 180 S.E. 613, 180 Ga. 753, 1935 Ga. LEXIS 551 (Ga. 1935).

Pincite

Opinion

Gilbert, Justice.

1. Equity will not take cognizance of a plain legal right where an adequate and complete remedy is provided by law. Code of 1933, § 37-120.

2. Sections 92-4408 and 92-4409 of the Code of 1933 provide for the ruling of a city marshal for the distribution of funds-coming into his hands from the sale of property.

[754]*754No. 10854. June 22, 1935.

3. The court erred in overruling the general demurrer, and in granting an interlocutory injunction.

Judgment reversed.

All the Justices concur. Noah J. Stone, for plaintiff in error. Albert B. Mayer, J. 0. Savage, G. S. Winn, and Bond Almand, contra.

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