Patterson v. Correll

Supreme Court of Georgia

Patterson v. Correll

86 S.E.2d 113, 211 Ga. 372, 1955 Ga. LEXIS 328

CourtSupreme Court of Georgia

DecidedFebruary 16, 1955

Docket18817

StatusPublished

Cited by3 cases

This text of 86 S.E.2d 113 (Patterson v. Correll) 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

Patterson v. Correll, 86 S.E.2d 113, 211 Ga. 372, 1955 Ga. LEXIS 328 (Ga. 1955).

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Opinion

Wyatt, Presiding Justice.

This is a suit seeking to recover damages for misrepresentations made by the plaintiff in error, which it is alleged induced the defendant in error to purchase described real property. Such a case is not one over which this court has jurisdiction. See Elliott v. Dolvin, 160 Ga. 320 (127 S. E. 651). In the original petition there were prayers and allegations seeking injunctive relief. However, those paragraphs were stricken on demurrer, and that ruling was not excepted to. It follows, therefore, that since all equitable relief and all equitable features of the case have been effectually eliminated, the Court of Appeals, and not this court, has jurisdiction of the writ of error complaining of the overruling of the general demurrer to the petition. The case is accordingly

Transferred to the Court of Appeals.

All the Justices concur. *373 Johnson, Hatcher & Meyerson, Henry M. Hatcher, Jr., for plaintiff in error. John B. Griffin, contra. ,

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Wyatt, Presiding Justice.

This is a suit seeking to recover damages for misrepresentations made by the plaintiff in error, which it is alleged induced the defendant in error to purchase described real property. Such a case is not one over which this court has jurisdiction. See Elliott v. Dolvin, 160 Ga. 320 (127 S. E. 651). In the original petition there were prayers and allegations seeking injunctive relief. However, those paragraphs were stricken on demurrer, and that ruling was not excepted to. It follows, therefore, that since all equitable relief and all equitable features of the case have been effectually eliminated, the Court of Appeals, and not this court, has jurisdiction of the writ of error complaining of the overruling of the general demurrer to the petition. The case is accordingly

Transferred to the Court of Appeals.

All the Justices concur. *373 Johnson, Hatcher & Meyerson, Henry M. Hatcher, Jr., for plaintiff in error. John B. Griffin, contra. ,

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Bluebook (online)

86 S.E.2d 113, 211 Ga. 372, 1955 Ga. LEXIS 328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-correll-ga-1955.

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