McKenzie Trust Co. v. Bullard

Supreme Court of Georgia

McKenzie Trust Co. v. Bullard

127 S.E. 277, 159 Ga. 884, 1925 Ga. LEXIS 78

CourtSupreme Court of Georgia

DecidedFebruary 28, 1925

DocketNo. 4331

StatusPublished

Cited by2 cases

This text of 127 S.E. 277 (McKenzie Trust Co. v. Bullard) 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

McKenzie Trust Co. v. Bullard, 127 S.E. 277, 159 Ga. 884, 1925 Ga. LEXIS 78 (Ga. 1925).

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Opinion

Atkinson, J.

Properly construed, tlie petition and counter-petition constitute plain actions of law based on contract, and the remedies provided by law are adequate; for which reason it follows that equity has no jurisdiction, notwithstanding the waiver of discovery and the prayer for accounting, there being no facts alleged which show that resort to equity is necessary to secure an accounting-. It follows from the above ruling that this court is without jurisdiction to pass upon the assignments of error in the bill of exceptions sued out in this case, but that the Court of Appeals has such jurisdiction. It is ordered that the ease be transferred to the Court of Appeals. Burress v. Montgomery, 148 Ga. 548 (97 S. E. 538); Arthur Tufts Co. v. DeJarnette Supply Co., 158 Ga. 85 (123 S. E. 16).

All the Justices concur, except Russell, O. J., who dissents.

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Atkinson, J.

Properly construed, tlie petition and counter-petition constitute plain actions of law based on contract, and the remedies provided by law are adequate; for which reason it follows that equity has no jurisdiction, notwithstanding the waiver of discovery and the prayer for accounting, there being no facts alleged which show that resort to equity is necessary to secure an accounting-. It follows from the above ruling that this court is without jurisdiction to pass upon the assignments of error in the bill of exceptions sued out in this case, but that the Court of Appeals has such jurisdiction. It is ordered that the ease be transferred to the Court of Appeals. Burress v. Montgomery, 148 Ga. 548 (97 S. E. 538); Arthur Tufts Co. v. DeJarnette Supply Co., 158 Ga. 85 (123 S. E. 16).

All the Justices concur, except Russell, O. J., who dissents.

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Bluebook (online)

127 S.E. 277, 159 Ga. 884, 1925 Ga. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckenzie-trust-co-v-bullard-ga-1925.

Opinion

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