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Jackson v. Commercial Credit Corporation

Supreme Court of Georgia
Jan 12, 1954
80 S.E.2d 1 (Ga. 1954)

Opinion

18425.

ARGUED JANUARY 11, 1954.

DECIDED JANUARY 12, 1954.

Action for damages. Before Judge Lilly. Lowndes Superior Court. October 16, 1953.

Robert L. Cork, for plaintiff in error.

Franklin, Eberhardt Barham, contra.


The plaintiff's action is based upon a contract made by him for the purchase of an automobile. He alleges that the defendant contracted to receive, and did actually receive, more than the legal rate of interest on the contract. He prays for the recovery of the alleged excessive charges as "damages." Where the prayers of a petition seek only legal relief, jurisdiction of the writ of error is vested in the Court of Appeals, and not in this court; and this is true although some of the allegations of the petition might be germane to a proceeding in equity. Taylor Lumber Co. v. Clark Lumber Co., 159 Ga. 393 ( 125 S.E. 844); Robinson v. Lindsey, 184 Ga. 684 ( 192 S.E. 910).

Transferred to the Court of Appeals. All the Justices concur, except Duckworth, C. J., not participating.

ARGUED JANUARY 11, 1954 — DECIDED JANUARY 12, 1954.


Summaries of

Jackson v. Commercial Credit Corporation

Supreme Court of Georgia
Jan 12, 1954
80 S.E.2d 1 (Ga. 1954)
Case details for

Jackson v. Commercial Credit Corporation

Case Details

Full title:JACKSON v. COMMERCIAL CREDIT CORPORATION

Court:Supreme Court of Georgia

Date published: Jan 12, 1954

Citations

80 S.E.2d 1 (Ga. 1954)
80 S.E.2d 1

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Taylor Lumber Co. v. Clark Lumber Co., 159 Ga. 393 ( 125 S.E. 844); Robinson v. Lindsey, 184 Ga. 684 ( 192…