Jones v. Pierce

Jenkins, Justice.

The mere designation of a case as one in “equity,” without any averment or prayer which claims an equitable right or on which equitable relief could be granted, will not make the case one in equity such as will give this court jurisdiction of the writ of error. Berry v. Travelers Insurance Co., 190 Ga. 772 (10 S. E. 2d, 753), and cit.; Moseley v. Alspaugh, 192 Ga. 216 (14 S. E. 2d, 737).

“The plaintiff in error can not, by bill of exceptions, Taise points which were not made in the [trial] court or in the [petition for] certiorari;” and “in reviewing a judgment . . of the…