Dinkler v. Jenkins, 24370
| Decision Date | 22 November 1967 |
| Docket Number | No. 24370,24370 |
| Citation | 158 S.E.2d 381,223 Ga. 807 |
| Parties | Carling L. DINKLER, Jr., et al., v. Herbert T. JENKINS, Chief of Police, et al. |
| Court | Georgia Supreme Court |
Wesley R. Asinof, Atlanta, for appellants.
Harold Sheats, John Tye Ferguson, Lewis R. Slaton, Sol. Gen., William E. Spence, J. Walter LeCraw, Arthur K. Bolton, Atty. Gen., William L. Harper, John A. Blackmon, H. Perry Michael, Melvin E. Thompson, Jr., Asst. Attys. Gen., Atlanta, for appellees.
Syllabus Opinion by the Court
1. This is a declaratory judgment action brought under Ga.L.1945, p. 137, et seq. (Code Ann. Ch. 110-11). While the petition prays for a temporary restraining order and an interlocutory injunction, it is apparent that the sole purpose of the plaintiffs in seeking such orders was 'to maintain the status pending the adjudication of the questions.' Such prayers do not make the case an equitable one. United States Casualty Co. v. Ga., etc., Ry. Co., 212 Ga. 569, 94 S.E.2d 422.
2. While a class action is a suit in equity (City of Atlanta v. Georgia Society of Prof. Engineers, 220 Ga. 62, 137 S.E.2d 41), the mere statement contained in the introductory paragraph of a petition that the plaintiffs named in the petition bring the suit 'on behalf of themselves and all others similarly situated' does not, without more, make the action a class action.
3. The case, not being one within the jurisdiction of this court, must be
Transferred to the Court of Appeals.
All the Justices concur.
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Dinkler v. Jenkins, 43392
...the Supreme Court. That court held that the case was not one within its jurisdiction and transferred it to this Court. Dinkler v. Jenkins, 223 Ga. 807, 158 S.E.2d 381. establishments in the City of Atlanta engaged in the business of selling distilled spirits and alcohol by the drink for con......
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Dunn v. Ceccarelli
...Tara Townhouse Association, III, Inc.," the proxies are not by this designation made parties to this action. See Dinkler v. Jenkins, 223 Ga. 807(2), 158 S.E.2d 381 (1967). Moreover, McClellan and Ceccarelli do not maintain that their individual votes were invalidated. Accordingly, they have......
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Hawes v. Dinkler
...holding that it was without jurisdiction to entertain the appeal, transferred the case to the Court of Appeals. See Dinkler v. Jenkins, 223 Ga. 807, 153 S.E.2d 381. That court on a review of the case held (with four Judges dissenting) that the trial court erred in sustaining the defendants'......
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