Opinion
19029.
ARGUED JULY 12, 1955.
DECIDED SEPTEMBER 12, 1955.
Complaint. Before Judge Whitman. Fulton Superior Court. May 3, 1955.
Heyman Abram, Charles F. Wittenstein, for plaintiff in error.
Eugene L. Tiller, contra.
The petition in the present case does not seek the appointment of a receiver, or any other equitable relief, as was true in Rogers v. Taintor, 199 Ga. 192 ( 33 S.E.2d 708). The allegations and the prayers demonstrate that this is an action at law, and is not an equity case within the provisions of the Constitution, art. VI, sec. II, par. IV (Code, Ann., § 2-3704). See Burress v. Montgomery, 148 Ga. 548 ( 97 S.E. 538); Robinson v. Lindsey, 184 Ga. 684 ( 192 S.E. 910); Atlanta Finance Co. v. Fitzgerald, 189 Ga. 121 ( 5 S.E.2d 242); White v. Georgia Railroad c. Co., 197 Ga. 238 ( 28 S.E.2d 858).
Transferred to the Court of Appeals. All the Justices concur.
ARGUED JULY 12, 1955 — DECIDED SEPTEMBER 12, 1955.
Henry T. Rogers filed a petition against Charles E. Taintor and the National Surety Corporation, as surety. It was alleged: The defendant Taintor was appointed guardian of the person and property of Frank P. Rogers, Jr. He collected and received fees and commissions over and above those allowed by law in Georgia, in a stated amount; and he received and collected certain fees over and above his lawful commissions as guardian in the State of California, in a stated amount.
The prayers of the petition were: for process; for service; that the court render judgment against the defendants in the principal sum of $13,718.20, plus interest at the lawful rate; that the amount recovered by decree be made due and payable to the Ordinary of Fulton County, to be distributed by an administrator of Frank P. Rogers, Jr., such administrator to be appointed by the ordinary; that the court grant fees in the sum of $3,000 to the plaintiff's attorneys, and other expenses of the litigation; and for other relief.