Orient Insurance Company v. Dunlap

Bell, Justice.

The record requires a decision upon two questions: (1) Does the petition allege a cause of action for the equitable relief of reformation, and (2) does it state a case for a money judgment as for money had and received? It is only because of the allegations and prayer as to reformation that this court has jurisdiction of the writ of error. An action which merely seeks a recovery as for money had and received, although similar to suit in equity, is not an equity ease within the meaning of the constitutional provision relating to the jurisdiction of this court. Code, § 2-3005;…