Gavant v. Berger

Supreme Court of Georgia

Gavant v. Berger

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

Procedural entryThis page is a short order in Gavant v. Berger. Read the opinion of the Court — 182 Ga. 277 →

Supreme Court of Georgia·Decided June 22, 1935·No. No. 10854·Published

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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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.

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

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