214 Ga. 680 | Ga. | 1959
This case was formerly before this court on an exception 'by Harris Kenner to the judgment of a trial judge of Fulton Superior Court overruling his demurrers to the peti
The judge of the superior court erred in setting the dispossessorywa-rrant proceedings for trial in the superior court, since the only issue in the superior court made by the petition and general demurrer was whether or not the petition stated a cause of action for equitable relief. The effect of the former order of this court was to dismiss the petition and dissolve the restraining order, which order enjoined Harris Kenner from proceeding with the case made by the dispossessory-warrant proceedings in the Civil Court of Fulton County. The disposessory-warrant proceedings never having been transferred to the superior court by any judgment or order, such proceedings could not properly be set for trial in the superior court. Compare Evans v. Thompson, 145 Ga. 221 (88 S. E. 926).
Judgment reversed.