Jenkins v. Thomas

Deen, Judge.

The briefs of counsel for both parties are replete with authority going to the question of whether or not the petition here is one of which equity will take cognizance. We transferred the case to the Supreme Court, which promptly returned it to our jurisdiction. It is accordingly settled that the jurisdiction of the trial court, if it exists, cannot be grounded in equity, since jurisdiction of the equity case would have been in the Supreme Court regardless of the fact that questions regarding the constitutionality of an ordinance are to be decided by the Court of Appeals.

"The…