Kingsbury v. Exxon Co., U. S. A.

Supreme Court of Georgia

Kingsbury v. Exxon Co., U. S. A.

215 S.E.2d 1, 234 Ga. 144, 1975 Ga. LEXIS 1068

CourtSupreme Court of Georgia

DecidedApril 8, 1975

Docket29742

StatusPublished

Cited by4 cases

This text of 215 S.E.2d 1 (Kingsbury v. Exxon Co., U. S. A.) 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

Kingsbury v. Exxon Co., U. S. A., 215 S.E.2d 1, 234 Ga. 144, 1975 Ga. LEXIS 1068 (Ga. 1975).

Pincite

Opinion

Undercofler, Presiding Justice.

This case was transferred by the Court of Appeals to this court because the appellant’s petition among other things prays for a permanent injunction. The appellant in his enumerations of error states, "The Court of Appeals has jurisdiction of this cause, it being an action to recover money damages in tort caused by wilful and wanton acts on behalf of the Defendant, and is an action at law which does not involve any question or cause of which the Supreme Court of Georgia has jurisdiction.” This is a declaration that the equitable relief prayed for in the petition is not in issue on this appeal. Accordingly, the case is returned to the Court of Appeals. Bony Corp. v. McCarthy, 227 Ga. 460 (181 SE2d 370); Refrigeration Appliances v. Atlanta Provision Co., 210 Ga. 475 (80 SE2d [145]*145683); Sullivan Enterprises v. Stockton, 224 Ga. 357 (162 SE2d 396).

Argued March 12, 1975 Decided April 8, 1975. Hendon, Egerton, Harrison & Glean, Michael Anthony Glean, for appellant. Jones, Bird & Howell, Earle May, Jr., for appellee.

Returned to the Court of Appeals.

All the Justices concur, except Hill, J., disqualified.

Free access — add to your briefcase to read the full text and ask questions with AI

Undercofler, Presiding Justice.

This case was transferred by the Court of Appeals to this court because the appellant’s petition among other things prays for a permanent injunction. The appellant in his enumerations of error states, "The Court of Appeals has jurisdiction of this cause, it being an action to recover money damages in tort caused by wilful and wanton acts on behalf of the Defendant, and is an action at law which does not involve any question or cause of which the Supreme Court of Georgia has jurisdiction.” This is a declaration that the equitable relief prayed for in the petition is not in issue on this appeal. Accordingly, the case is returned to the Court of Appeals. Bony Corp. v. McCarthy, 227 Ga. 460 (181 SE2d 370); Refrigeration Appliances v. Atlanta Provision Co., 210 Ga. 475 (80 SE2d [145]*145683); Sullivan Enterprises v. Stockton, 224 Ga. 357 (162 SE2d 396).

Argued March 12, 1975 Decided April 8, 1975. Hendon, Egerton, Harrison & Glean, Michael Anthony Glean, for appellant. Jones, Bird & Howell, Earle May, Jr., for appellee.

Returned to the Court of Appeals.

All the Justices concur, except Hill, J., disqualified.

Cite This Page — Counsel Stack

Bluebook (online)

215 S.E.2d 1, 234 Ga. 144, 1975 Ga. LEXIS 1068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kingsbury-v-exxon-co-u-s-a-ga-1975.

Opinion

Related

Cite This Page — Counsel Stack