Reese v. Manget

Supreme Court of Georgia

Reese v. Manget

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

Supreme Court of Georgia·Decided December 10, 1935·No. No. 11071·Published

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.

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

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.

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

Pincite

183 S.E. 62 (Reese v. Manget) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.