Ward v. Ward

Full title: WARD v. WARD, Administrator, et al

Court: Supreme Court of Georgia

Date published: Feb 23, 1967

154 S.E.2d 213 (Ga. 1967)

223 Ga. 147

Opinion

23936.

ARGUED FEBRUARY 14, 1967.

DECIDED FEBRUARY 23, 1967.

Complaint. Terrell Superior Court. Before Judge Geer.

Russo Russo, for appellant.

John R. Irwin, for appellees.

GRICE, Justice.

The equitable feature of this case was eliminated by the sustaining of the general demurrer of the only defendant against whom equitable relief was sought, which ruling is excepted to only insofar as it relates to dismissal of the petition against the other defendant, against whom the only relief sought is purely statutory. See in this connection, Lorenz v. DeKalb County, 215 Ga. 731 ( 113 S.E.2d 404). There being no other ground for jurisdiction in this court, the Court of Appeals and not this court has jurisdiction. Constitution, Art. VI, Sec. II, Par. IV; ( Code Ann. § 2-3704).

Transferred to the Court of Appeals. All the Justices concur.

ARGUED FEBRUARY 14, 1967 — DECIDED FEBRUARY 23, 1967.