Trowbridge v. Dominy

Townsend, J.(a) As to ground 1 (a) of the motion to dismiss, it is true that no right of appeal lies from a municipal court to the Department of Public Safety. However, in determining what the “writing” of the plaintiff in error constitutes, .it is proper and necessary to construe the pleading in accordance with its allegations and prayers. The pleader is not bound by •the name by which he denominates his pleading, as “there is no magic in mere nomenclature.” Girtman v. Girtman, 191 Ga. 173, 180 (11 S. E. 2d 782). The plaintiff in error is not bound, therefore, by reason of having designated…