Williams v. Aycock

Gilbert, Justice.

Williams brought suit in the superior court of Pulton County against Aycock. The petition was dismissed on demurrer, and a writ of error was sued out returnable to this court. “Whether an action is one at law or in equity is determined by the allegations of the petition and the nature of the relief prayed, and *571not by the designation given to the action by the pleader. City of Albany v. Cameron & Barkley Co., 121 Ga. 794 (49 S. E. 798); Taylor Lumber Co. v. Clark Lumber Co., 159 Ga. 393 (125 S. E. 844). If the averments of the petition do not make a case in equity, prayers for…