Yield, Inc. v. City of Atlanta

Bowles, Justice.

This case was originally filed in the Court of Appeals of Georgia. In a memorandum opinion, it was transferred here, that court being of the opinion that the case was one involving equity so as to be under the exclusive appellate jurisdiction of the Supreme Court of Georgia. We do not agree. The case is not an equity action and should be transferred to the Court of Appeals.

Appellee in this case proceeded under Code Ann. § 72-401 which authorizes a municipal court to determine the existence of and abate nuisances. It is the settled law in Georgia that where a party elects to…