Sullivan Enterprises, Inc. v. Stockton, 24629
| Decision Date | 23 May 1968 |
| Docket Number | No. 24629,24629 |
| Citation | 224 Ga. 357,162 S.E.2d 396 |
| Parties | SULLIVAN ENTERPRISES, INC. v. Charles O. STOCKTON, Sr. |
| Court | Georgia Supreme Court |
George G. Finch, Atlanta, for appellant.
John Hollis Allen, College Park, for appellee.
Syllabus Opinion by the Court
This case is before this court on the denial of a motion to grant summary judgment urging that no attorney's fees were due on an alleged default in the installment payments of a note and the subsequent alleged acceleration of the entire indebtedness because no notice was made of the intention to accelerate and allow payment in full within 10 days after receipt of the notice under Code Ann. § 20-506 (). Held:
The sole question in issue in this case before this court is one of law and does not involve any equitable relief, title to land or any application of equitable procedure. Hence, no jurisdiction is conferred upon the Supreme Court although the case appears to have originated out of a petition for equitable relief in the lower court. Williams v. Russell, 207 Ga. 220, 60 S.E.2d 243. Accordingly, it will be
Transferred to the Court of Appeals.
All the Justices concur.
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Kingsbury v. Exxon Co., U.S. A., 29742
...Ga. 460, 181 S.E.2d 370; Refrigeration Appliances, Inc. v. Atlanta Provision Co., 210 Ga. 475, 80 S.E.2d 683; Sullivan Enterprises, Inc. v. Stockton, 224 Ga. 357, 162 S.E.2d 396. Returned to the Court of All the Justices concur, except HILL, J., disqualified. ...
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Sullivan Enterprises, Inc. v. Stockton
...as to its liability for attorney's fees. See opinion of the Supreme Court transferring the case to this Court. Sullivan Enterprises v. Stockton, 224 Ga. 357, 162 S.E.2d 396. Supporting the motion for summary judgment on this issue is the affidavit of the president and secretary of the corpo......