Rogers v. Griggs

Court of Appeals of Georgia

Rogers v. Griggs

215 S.E.2d 291, 134 Ga. App. 528, 1975 Ga. App. LEXIS 2068

Court of Appeals of Georgia·Decided April 8, 1975·No. 50387, 50388·Published

Opinion

Stolz, Judge.

In this action the plaintiff alleges the defendant’s breach of their partnership agreement, alleges that he "is without adequate remedy at law,” and prays for (1) a decree dissolving the partnership, (2) an accounting of the partnership assets and profits, (3) unliquidated contractual damages in the amount of one half of the partnership’s assets and profits, and (4) the temporary and permanent injunction of the collection of a judgment.. The action seeks equitable relief, which this court has no jurisdiction to grant. See Code §§ 75-107 and 37-301. Accordingly, the appeal and the cross appeal are transferred to the Supreme Court.

Transferred to the Supreme Court.

Deen, P. J., and Evans, J., concur.

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Stolz, Judge.

In this action the plaintiff alleges the defendant’s breach of their partnership agreement, alleges that he "is without adequate remedy at law,” and prays for (1) a decree dissolving the partnership, (2) an accounting of the partnership assets and profits, (3) unliquidated contractual damages in the amount of one half of the partnership’s assets and profits, and (4) the temporary and permanent injunction of the collection of a judgment.. The action seeks equitable relief, which this court has no jurisdiction to grant. See Code §§ 75-107 and 37-301. Accordingly, the appeal and the cross appeal are transferred to the Supreme Court.

Transferred to the Supreme Court.

Deen, P. J., and Evans, J., concur.

Rogers v. Griggs, 215 S.E.2d 291, 134 Ga. App. 528, 1975 Ga. App. LEXIS 2068 (Ga. Ct. App. 1975).

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215 S.E.2d 291 (Rogers v. Griggs) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.