Sutker v. Pennsylvania Insurance

Eberhardt, Judge.

On the first appearance of this case in this court we held that the amendment to the petition seeking reformation of the amendment to the insurance policy converted the action from one at law to one in equity, and accordingly we transferred the appeal to the Supreme Court. Sutker v. Pennsylvania Ins. Co., 114 Ga. App. 627 (152 SE2d 578). The Supreme Court remanded the case to this court, holding: “In determining whether an action brought in the superior court is in equity or law both the allegations and the prayer must be *650examined, and where as in the case sub judice the…