United States Casualty Co. v. Peachtree Roxboro Corp.
Court of Appeals of Georgia
1Opinion of the Court
Townsend, Presiding'Judge.
1. “Legal” subrogation which is ' cognizable only in a court of equity seeks equitable substitution of the plaintiff to the rights of the creditor whose debt has been paid. To make such a case in equity as will come under the exclusive jurisdiction of the superior court in the first instance and of the Supreme Court on appeal, not only must the allegations of the petition show that the plaintiff is seeking equitable relief, but the prayers must either ask for such specific relief or for general relief, “and even though the allegations of the petition are such as to…
2Cases cited9 opinions
- Jasper School District v. GormleySupreme Court of Georgia · 1937
- Western & Atlantic Railroad v. Third National BankSupreme Court of Georgia · 1906
- Wilson v. Atlanta, Knoxville & Northern Railway Co.Supreme Court of Georgia · 1902
- Trust Co. of Georgia v. S. & W. CAFETERIACourt of Appeals of Georgia · 1958
- Peachtree Roxboro Corp. v. United States Casualty Co.Court of Appeals of Georgia · 1960
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3Cited by3 opinions
- Reidling v. HolcombCourt of Appeals of Georgia · 1997
- Whiteside v. Douglas County BankCourt of Appeals of Georgia · 1978
- United States Fidelity & Guaranty Co. v. CollinsCourt of Appeals of South Carolina · 1989