Oxford v. Sanders

Mobley, Justice.

“Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.” Code Ann. § 2-4903. Where an equitable petition does not pray for substantial relief against any defendant residing in the county where the suit is brought, the court is without jurisdiction, and if the same appears on the face of the petition, the suit is subject to dismissal on general demurrer based on this jurisdictional ground. First National Bank of Atlanta v. Holderness, 189 Ga. 819 (2) (7 SE2d 682); Harper v. Gunby, 215 Ga. 466, 469 (2) (111 SE2d 85). The…