115 Ga. App. 69 | Ga. Ct. App. | 1967
Although a petition seeking a declaratory judgment is not per se an equitable action (Felton v. Chandler, 201 Ga. 347 (39 SE2d 654); Todd v. Conner, 220
The present petition, which was denominated “Petition for declaratory judgment and equitable relief” and sanctioned by the trial judge, not only contains a prayer for a permanent injunction, but also alleges, in addition to the plaintiff’s right to a declaratory judgment, that a permanent injunction is necessary to prevent the defendant from interfering with or acting contrary to the plaintiff’s exercise of his rights and powers under an alleged power of attorney. These allegations are sufficient to show that the prayer for a permanent injunction is not spurious and, hence, to extend the Supreme Court’s jurisdictional power to this case, even if it should be considered a “bad equity case,” which is defined as “those cases where the pleadings of the party who invokes the aid of equity, while for some reason not sufficient to set forth a cause in equity, allege facts and contain prayers raising a substantial question as to whether the pleader is entitled to relief in equity.” State Hwy. Dept. v. Hewitt Contr. Co., 221 Ga. 621, 623, supra. Accordingly, the appeal is
Transferred to the Supreme Court.