33 S.E.2d 697 | Ga. | 1945
This being an action at law by one of two defendants for the benefit of an insurer who had paid for one of the defendants all of the judgment which had been rendered jointly against him and another in a tort action, seeking contribution against the other defendant who had paid nothing, and the prayer being for contribution and for such other relief as to the court might seem meet and just, but the pleadings containing no allegation requiring an accounting or other equitable relief, so as to confer jurisdiction upon the Supreme Court, this court is without jurisdiction, and therefore the case is transferred to the Court of Appeals.
A demurrer interposed by Horton, on the grounds, (a) that the petition failed to set forth a cause of action, and (b) that the action contained a misjoinder of parties plaintiff, was overruled; and, so far as disclosed by the record, there was no exception to this ruling. Subsequently counsel for the defendant made a motion to dismiss the petition on the ground that no cause of action at law was set forth. Exceptions pendente lite were filed complaining because the court failed to pass upon the motion to dismiss. The defendant also filed an answer denying material allegations of the petition.
When the case came on for trial by consent before the judge without the intervention of a jury, upon an agreed statement of *221 facts, a judgment for the amount sued for was rendered in favor of the plaintiff. The defendant filed a motion for new trial on the usual general grounds, which was overruled, and he excepted. Error was assigned in the bill of exceptions on the exceptions pendente lite.
While the case was pending in the Supreme Court, Johnson
Company filed a motion asking that its name be stricken as a party defendant in error.
Whether this court has jurisdiction of the case within the meaning of the constitutional provision contained in the Code, § 2-3005, depends on whether or not this is an equity case. "While the doctrine of contribution originated in courts of equity, it was subsequently adopted by courts of law and is now universally applied therein." 13 Am. Jur. 8, § 5. See also 18 C. J. S. 21, § 13. This principle was recognized in Watkins v. Woodbery,
Transferred to the Court of Appeals. All the Justicesconcur.