Heath v. Stinson

The Act authorizing the appointment of a special master to make findings and report to the trial judge does not confer upon him the authority vested in superior courts by the Constitution (Code Ann. § 2-3901) to grant affirmative equitable relief.

It has been held many times by this court that equitable jurisdiction in this state is conferred upon the superior courts and not upon the judges thereof, and that judges sitting in vacation were not courts of equity. Code § 37-101. Arrington v. Cherry, 10 Ga. 429 (2) (1851); Webb v. Hicks, 117 Ga. 335 (43 SE 738) (1903); Morehead v. Allen, 131 Ga.…