Yield, Inc. v. City of Atlanta

McMurray, Judge.

This case involves the maintenance of a nuisance which action was brought in Municipal Court of the City of Atlanta. In Yield, Inc. v. City of Atlanta, 239 Ga. 578 (238 SE2d 351), the Supreme Court has held that where a party elects to proceed under Code § 72-401, it is an action at law, citing Attaway v. Coleman, 213 Ga. 329 (99 SE2d 154), and when the evidentiary standard contained in Code Ann. § 72-301 (as amended by Ga. L. 1975, pp. 402, 403), is used, this does not convert the proceeding into an equitable one. See also Yield, Inc. v. City of Atlanta, 144 Ga. App. 637 (2).…