Feeney Hay Co. Inc. v. Trenton Milling Co.
5 S.E.2d 235 | Ga. | 1939
1. If a petition which undertakes to set out a cause of action for either equitable or legal relief, or both, is sufficient for either relief, it will not be dismissed on a general demurrer, but will proceed for the relief appropriate to such of the allegations and prayers as are sufficient.
2. The petition as amended stated facts sufficient to justify a court in its discretion to grant the extraordinary equitable relief prayed for, to wit, an injunction and receiver. Hermann v. Mobley,
Judgment affirmed. All the Justices concur.