Home/Supreme Court of Georgia/Pope v. Correctional Staff, W. R. C.

Pope v. Correctional Staff, W. R. C.

272 S.E.2d 286, 246 Ga. 539, 1980 Ga. LEXIS 1185
CourtSupreme Court of Georgia
DecidedOctober 8, 1980
Docket36690
StatusPublished

This text of 272 S.E.2d 286 (Pope v. Correctional Staff, W. R. C.) 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
Pope v. Correctional Staff, W. R. C., 272 S.E.2d 286, 246 Ga. 539, 1980 Ga. LEXIS 1185 (Ga. 1980).

Opinion

Per curiam.

Where suit is filed seeking equitable relief and such relief is not available for some reason applicable to suits in equity, the case should not be dismissed if it can be maintained against one or more named defendants as a suit at law. Sikes v. Sikes, 233 Ga. 97 (209 SE2d 641) (1974); Burnham v. Lynn, 235 Ga. 207 (219 SE2d 111) (1975); Kirk v. First Ga. Investment Corp., 239 Ga. 171, 174 (236 SE2d 254) (1977); Cochran v. Teasley, 239 Ga. 289 (4) (5) (236 SE2d 635) (1977); Code Ann. §§ 81A-101, 81A-102. Thus, petitioner’s suit for injunctive relief should not have been dismissed due to mootness where it could have been maintained against a named defendant as a suit at law.

Judgment reversed.

All the Justices concur.

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Related

Sikes v. Sikes
209 S.E.2d 641 (Supreme Court of Georgia, 1974)
Burnham v. Lynn
219 S.E.2d 111 (Supreme Court of Georgia, 1975)
Cochran v. Teasley
236 S.E.2d 635 (Supreme Court of Georgia, 1977)
Kirk v. First Georgia Investment Corp.
236 S.E.2d 254 (Supreme Court of Georgia, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
272 S.E.2d 286, 246 Ga. 539, 1980 Ga. LEXIS 1185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pope-v-correctional-staff-w-r-c-ga-1980.