Dockery v. Parks

I dissent from the majority opinion in this case. I regard the case of Tingle v. Atlanta Federal Sav. &c. Assn., 211 Ga. 636 (87 SE2d 841), conformed to by this court, 93 Ga. App. 393 (91 SE2d 804), as controlling, and that this court rather than the Supreme Court has jurisdiction of the appeal on the merits, including the overruling of appellants’ plea in abatement.

The case of Wilson v. Trustees of Union Theological Seminary, 181 Ga. 755 (3) (184 SE 290), is not regarded as contrary to or conflicting with the case of Tingle. The case of Wilson as originally brought was an equitable petition…