Marshall v. Marthin

Grice, Justice.

The original petition was undoubtedly subject to the attack made upon it in so far as jurisdiction was concerned; for while land in DeKalb County was involved, it was not, under our decisions, a case respecting title to land, but an equity case within the meaning of par. 3, sec. 16, art. 6 of the constitution (Code, § 2-4303). Clayton v. Stetson, 101 Ga. 634 (28 S. E. 983); Magid of Tallulah Inc. v. Beaver, 183 Ga. 485 (189 S. E. 43). But a suit in equity may be changed by amendment into an action at law, where the amendment is not otherwise objectionable. Metropolitan Life…