Douglas-Guardian Warehouse Corp. v. Todd

Duckworth, Chief Justice.

The test of a case as made by writ of error to the Supreme Court as to whether it is one in equity, and hence reviewable by the Supreme Court (Code, Ann., § 2-3704), is not what it might have been at any given time during its pendency in the trial court, but what remained in it and is brought here for review. Matters eliminated either by the parties or by order of the trial court constitute no part of the case in the Supreme Court. Cochran v. Stephens, 155 Ga. 134 (116 S. E. 303); Coats v. Casey, 162 Ga. 236 (133 S. E. 237); Benton v. Benton, 164 Ga. 541, 543 (139 S.…