Reese v. Manget

Supreme Court of Georgia

Reese v. Manget

183 S.E. 62, 181 Ga. 491, 1935 Ga. LEXIS 136

CourtSupreme Court of Georgia

DecidedDecember 10, 1935

DocketNo. 11071

StatusPublished

This text of 183 S.E. 62 (Reese v. Manget) 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

Reese v. Manget, 183 S.E. 62, 181 Ga. 491, 1935 Ga. LEXIS 136 (Ga. 1935).

Pincite

Opinion

Hutcheson, Justice.

Under the allegations and the prayers of the petition, no equitable or other relief which would afford jurisdiction to this court is sought. The prayer is for a money judgment by way of damages for breach of a warranty contained in a deed. The words "that said defendants be required to make good the title to the said property” are mere surplusage, but, construed with the entire prayer, merely mean that the defendant be required to make good the title by paying damages. It follows that the Court of Appeals has jurisdiction; and the case is transferred to that court.

All the Justices concur.

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Hutcheson, Justice.

Under the allegations and the prayers of the petition, no equitable or other relief which would afford jurisdiction to this court is sought. The prayer is for a money judgment by way of damages for breach of a warranty contained in a deed. The words "that said defendants be required to make good the title to the said property” are mere surplusage, but, construed with the entire prayer, merely mean that the defendant be required to make good the title by paying damages. It follows that the Court of Appeals has jurisdiction; and the case is transferred to that court.

All the Justices concur.

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Bluebook (online)

183 S.E. 62, 181 Ga. 491, 1935 Ga. LEXIS 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reese-v-manget-ga-1935.