Decatur County v. Praytor, Howton & Wood Contracting Co.
Court of Appeals of Georgia
1Opinion of the CourtLuke, J.
1. “Equity will not take cognizance of a plain legal right, where an adequate and complete remedy is provided by law.” Civil Code (1910), § 4538.
2. “Notwithstanding the prayer for ‘discovery,’ ‘accounting,’ and relief in equity, the petition alleges no cause showing inadequacy at law. In fact the remedies provided at law are adequate, and it follows that equity has no jurisdiction. Properly construed the petition makes a plain action at law based on contract.” Burress v. Montgomery, 148 Ga. 548 (5). See also Lexington Presbyterian Church v. Reid, 147 Ga. 225. Under the above-stated ruling,…
2Cases cited3 opinions
- Burress v. MontgomerySupreme Court of Georgia · 1918
- Decatur County v. Praytor, Howton & Wood Contracting Co.Supreme Court of Georgia · 1927
- Lexington Presbyterian Church v. ReidSupreme Court of Georgia · 1917
3Cited by6 opinions
- State Highway Department v. Hewitt Contracting Co.Supreme Court of Georgia · 1966
- Hudon v. North AtlantaSupreme Court of Georgia · 1963
- Decatur County v. Praytor, Howton & Wood Contracting Co.Supreme Court of Georgia · 1928
- Carter v. State of GeorgiaSupreme Court of Georgia · 1955
- Robinson v. LindseySupreme Court of Georgia · 1937
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