Legal Opinion

Latham v. Fowler

Supreme Court of Georgia

Decided September 11, 1941No. 13754, 13759PublishedCited by 22 opinions

1Opinion of the Court

Jenkins, Justice.

As to whether the petition stated a cause •of action against general demurrer, it is the rule that when a court •of equity has acquired equitable jurisdiction, it will grant complete relief as to all matters to which the parties may be entitled under the pleadings and the proof, even though such relief may include legal rights and remedies. Kniepkamp v. Richards, 192 Ga. 509 (16 S. E. 2d, 24), and cit.; Hall v. English, 47 Ga. 511 (2); Code, § 37-105. Even though a plaintiff might not be entitled to equitable relief under his averments or prayers, the petition should not be…

2Cases cited32 opinions

  1. Dix v. DixSupreme Court of Georgia · 1909
  2. Grant v. HartSupreme Court of Georgia · 1941
  3. Street v. CollierSupreme Court of Georgia · 1903
  4. Kniepkamp v. RichardsSupreme Court of Georgia · 1941
  5. Grimmett v. BarnwellSupreme Court of Georgia · 1937

27 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Stephens v. WalkerSupreme Court of Georgia · 1942
  2. Perkins v. First National BankSupreme Court of Georgia · 1965
  3. Tennessee, Alabama & Georgia Railway Co. v. ZugarSupreme Court of Georgia · 1942
  4. Jones v. Tri-State Electric CooperativeSupreme Court of Georgia · 1956
  5. McGill v. DowmanSupreme Court of Georgia · 1943

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API