Refrigeration-Appliances, Inc. v. Atlanta Provision Co.

Supreme Court of Georgia

Refrigeration-Appliances, Inc. v. Atlanta Provision Co.

80 S.E.2d 683, 210 Ga. 475, 1954 Ga. LEXIS 334

CourtSupreme Court of Georgia

DecidedMarch 9, 1954

Docket18521

StatusPublished

Cited by3 cases

This text of 80 S.E.2d 683 (Refrigeration-Appliances, Inc. v. Atlanta Provision Co.) 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

Refrigeration-Appliances, Inc. v. Atlanta Provision Co., 80 S.E.2d 683, 210 Ga. 475, 1954 Ga. LEXIS 334 (Ga. 1954).

Pincite

Opinion

Hawkins, Justice.

This case involves a distribution of money arising from the sale of property under a receivership proceeding, and the exception is to a judgment of the trial court holding that the intervenor, Refrigeration-Appliances, Inc., was not entitled to first priority to the funds from the sale of the property covered by a retention-title contract held by Refrigeration-Appliances, Inc. The case as originally brought was one in equity seeking the appointment of a receiver, to which there is no objection, nor is there any complaint as to anything he has done. The case now before us does not involve any equitable relief, or the application of any rule of equitable procedure. The question in issue is one of law, and is not such as to confer jurisdiction upon the Supreme Court. Accordingly, it is transferred to the Court of Appeals. Code (Am-.) § 2-3704; Williams v. Russell, 207 Ga. 220 (60 S. E. 2d 243); *476 Burkhalter v. Virginia-Carolina Chemical Co., 170 Ga. 237 (152 S. E. 98); Jackson Electric Membership Corp. v. Echols, 207 Ga, 707 (63 S. E. 2d 900); Standard Accident Ins. Co. v. Fowler, 204 Ga. 861 (51 S. E. 2d 847).

Argued March 9, 1954 Decided March 9, 1954. Haas, Holland & Blackshear, Joseph F. Haas, for plaintiff in error. Troutman, Sams, Schroder & Lockerman, D. W. Rolader, Henry B. Smith, John W. Wilcox, Jr., Assistant Attorney-General, M. L. Kahn, W. Harvey Armistead, A. A. Baumstark, Eugene Cook, Attorney'-General, contra.

Transferred to the Court of Appeals.

All the Justices concur.

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Hawkins, Justice.

This case involves a distribution of money arising from the sale of property under a receivership proceeding, and the exception is to a judgment of the trial court holding that the intervenor, Refrigeration-Appliances, Inc., was not entitled to first priority to the funds from the sale of the property covered by a retention-title contract held by Refrigeration-Appliances, Inc. The case as originally brought was one in equity seeking the appointment of a receiver, to which there is no objection, nor is there any complaint as to anything he has done. The case now before us does not involve any equitable relief, or the application of any rule of equitable procedure. The question in issue is one of law, and is not such as to confer jurisdiction upon the Supreme Court. Accordingly, it is transferred to the Court of Appeals. Code (Am-.) § 2-3704; Williams v. Russell, 207 Ga. 220 (60 S. E. 2d 243); *476 Burkhalter v. Virginia-Carolina Chemical Co., 170 Ga. 237 (152 S. E. 98); Jackson Electric Membership Corp. v. Echols, 207 Ga, 707 (63 S. E. 2d 900); Standard Accident Ins. Co. v. Fowler, 204 Ga. 861 (51 S. E. 2d 847).

Argued March 9, 1954 Decided March 9, 1954. Haas, Holland & Blackshear, Joseph F. Haas, for plaintiff in error. Troutman, Sams, Schroder & Lockerman, D. W. Rolader, Henry B. Smith, John W. Wilcox, Jr., Assistant Attorney-General, M. L. Kahn, W. Harvey Armistead, A. A. Baumstark, Eugene Cook, Attorney'-General, contra.

Transferred to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

80 S.E.2d 683, 210 Ga. 475, 1954 Ga. LEXIS 334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/refrigeration-appliances-inc-v-atlanta-provision-co-ga-1954.

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