Lorenz v. DeKalb County

Hawkins, Justice.

The exception here is to a judgment sustaining a general demurrer to the plaintiff’s petition, which originally sought to enjoin the maintenance of an alleged continuing nuisance, and to recover damages for the alleged interference with the natural flow, and the concentration and discharge of surface waters by the defendant upon the property of the plaintiff, to his injury and damage. Held:

1. The test as to whether a case is one in equity, and hence reviewable by the Supreme Court, is not what it might have been at any given time during its pendency in the trial court, but…