Whitson v. City of Atlanta

1. “When a petition contains some averments which are appropriate to a legal cause of action and the prayers of the same call for equitable relief only, the court upon general demurrer will decide whether the petition as a whole authorizes the equitable relief prayed for; and if it does not, the demurrer will be sustained, notwithstanding there may be averments in the petition which as against a general demurrer might constitute a legal cause of action.” Steed v. Savage, 115 Ga. 97 (2) (41 S. E. 272); Sapp v. Williamson, 128 Ga. 743, 753 (58 S. E. 447); White v. Sikes, 129 Ga. 508 (59 S. E.…