Legal Opinion
Wilkes County v. Mayor of Washington
Supreme Court of Georgia
Decided September 26, 1928No. Nos. 6317, 6327PublishedCited by 7 opinions
1Opinion of the CourtRussell, C. J.
Where a plaintiff brings an action at common law, and the defendant in his answer asks affirmative equitable relief, the cause is pro tanto at least transformed into an equitable proceeding; and if the court in which the cause is pending has equitable jurisdiction, the Supreme Court and not the Court of Appeals would have jurisdiction of a bill of exceptions sued out to review the trial in the lower court.
In prior adjudications it has been held by this court that the facts pleaded by the plaintiff, construed as against demurrer, show that the contract involved in this case between the city…
2Cases cited11 opinions
- Gulf Paving Co. v. City of AtlantaSupreme Court of Georgia · 1919
- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- McCord v. City of JacksonSupreme Court of Georgia · 1910
- Tate v. City of ElbertonSupreme Court of Georgia · 1911
- Wilson v. GastonSupreme Court of Georgia · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- City of Coll. Park v. Clayton Cnty.Supreme Court of Georgia · 2019
- Hicks v. Atlanta Trust Co.Supreme Court of Georgia · 1938
- Jackson v. City of RomeSupreme Court of Georgia · 1936
- Jasper School District v. GormleyCourt of Appeals of Georgia · 1937
- Jefferson Standard Life Insurance v. FendleySupreme Court of Georgia · 1936
2 more not listed; retrieve them via the Exa API.