203 S.E.2d 562 | Ga. Ct. App. | 1940
Lead Opinion
The court did not err in granting a new trial.
The plaintiff in error cites Georgia Railway Power Co. v.Decatur,
In the original action which is pleaded as an adjudication it was alleged that the plaintiff "has no adequate remedy at law, . . and is remitted to this court of equity . . for relief;" and it was prayed that the executors be removed and a receiver be appointed, and that they account for their actings and doings up to the time of the appointment of the receiver. As stated above, the court ruled that no equitable cause of action was set out. The question as to a legal cause of action was only inferentially considered. In Steed v. Savage,
The court did not err in granting a new trial.
Judgment affirmed. MacIntyre, J., concurs.
Dissenting Opinion
The evidence fairly discloses that Mrs. Williams in her previous suit asked for an accounting and settlement of the estate. In that action a general demurrer was interposed, one ground of which alleged that the petition failed to set out a cause of action in equity or at law. All the grounds of the demurrer were sustained by the court, and the action was dismissed. That judgment was affirmed by the Supreme Court. Williams v. First National Bank of Atlanta,
Addendum
Rehearing denied. MacIntyre, J., concurs. Broyles, C. J.,dissents.