Griffin v. Sec. In
| Decision Date | 15 November 1935 |
| Docket Number | No. 10973.,10973. |
| Citation | 181 Ga. 455,182 S.E. 594 |
| Parties | GRIFFIN. v. SECURITIES INV. CO. |
| Court | Georgia Supreme Court |
Syllabus by Editorial Staff.
Error from Superior Court, Floyd County; C. H. Porter, Judge.
Proceeding on application for a year's support by Mrs. J. H. Griffin, wherein the Securities Investment Company filed a caveat. Judgment for caveator, applicant's motion for a new trial was overruled, and applicant brings error.
Transferred to the Court of Appeals.
M. B. Eubanks, of Rome, for plaintiff in error.
Wright & Covington, of Rome, for defendant in error.
Syllabus Opinion by the Court.
This case arose in a court of ordinary, as an application for a year's support. A caveat was filed; and after judgment allowing the application and awarding certain land, the caveator carried the case by appeal to the superior court. While the case was pending in the latter court, the applicant by leave of the court filed,.in aid of her application, a paper entitled an "equitable petition, " alleging that for reasons stated the claim of the caveator was not a debt against the estate, and that the caveator, had no right to object to the allowance of the year's support; but containing no prayer for equitable relief. The trial resulted in a verdict in favor of the caveator, and to a judgment refusing a new trial the applicant excepted. The bill of exceptions was returned to the Supreme Court. Held:
1. The case was not one respecting title to land. Colley v. Atlanta & West Point R. Co., 156 Ga. 43, 118 S.E. 712.
2. The paper filed in the superior court as an "equitable petition, " containing no prayer for equitable relief, did not convert the case into a suit in equity. "Whether an action is one at law or in equity is determined by the allegations of the petition and the nature of the relief prayed and not by the designation given to the action by the pleader." Taylor Lumber Co. v. Clark Lumber Co., 159 Ga. 393, 125 S.E. 844. See also Burgess v. Ohio National Life Ins. Co., 177 Ga. 48, 169 S.E. 364; Burton v. Metropolitan Life Ins. Co, 177 Ga. 899, 172 S.E. 41.
3. Furthermore, the jurisdiction of the superior court, on appeal, was not greater than that of the court of ordinary, and was thus limited to a determination of the case as one at law. Maloy v. Maloy, 134 Ga. 432 (2), 68 S.E. 80; Department of Industrial Relations v. Travelers' Ins. Co, 177 Ga. 669, 672, 170 S.E. 883.
4. The record does not present a case falling within the jurisdiction of the Supreme...
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... ... auditor's findings ... [189 ... Ga. 582] ... [6 S.E.2d 909] ... Claude ... Christopher, of Griffin Morgan S. Cantey, of Barnesville, and ... J. R. Terrell, of Greenville, for plaintiffs in error ... Beck, ... Goodrich & Beck ... ...
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Knowles v. Knowles, 46929
...as was possessed by the court of ordinary. Accord, Ingraham v. Reynolds, 176 Ga. 772, 773, 168 S.E. 875; Griffin v. Securities Inv. Co., 181 Ga. 455, 182 S.E. 594; Strickland v. Strickland, 99 Ga.App. 531, 109 S.E.2d 'Such a case must be tried anew as if no trial had been had. (Citations). ......
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Goodman v. Little
...itself had. Maloy v. Maloy, 134 Ga. 432, 68 S.E. 80; Ingraham v. Reynolds, 176 Ga. 772, 773, 168 S.E. 875; Griffin v. Securities Investment Co., 181 Ga. 455, 182 S.E. 594. The case on appeal from the Court of Ordinary brings the whole case up for a new hearing. Code, §§ 6-201, 6-501. In Sta......
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McCullough v. McCullough, 18994
...he excepts. Held: The record does not present a case falling within the jurisdiction of the Supreme Court. Griffin v. Securities Investment Co., 181 Ga. 455, 182 S.E. 594; Harnesberger v. Davis, 208 Ga. 629, 68 S.E.2d Transferred to the Court of Appeals. All the Justices concur. ...