Devitt v. Close

Full title: DEVITT et al., Trustees v. CLOSE et al

Court: Supreme Court of Georgia

Date published: Mar 10, 1966

148 S.E.2d 319 (Ga. 1966)

148 S.E.2d 319

Opinion

23332.

ARGUED FEBRUARY 14, 1966.

DECIDED MARCH 10, 1966.

Appointment of trusteeship, etc. Walker Superior Court. Before Judge Coker.

Cook Palmour, A. Cecil Palmour, for appellants.

Burton Brown, for appellees.

COOK, Justice.

The order appealed from in the present case was one refusing to vacate a prior order removing trustees and appointing a new trustee. It was entered while the case was on appeal to this court from a ruling on general demurrer, and prior to the decision by this court holding that the petition did not state a cause of action. Devitt v. Close, 221 Ga. 555 ( 146 S.E.2d 286). We have on this date decided that the petition as amended failed to state a cause of action. Devitt v. Close, ante. The order appealed from in the present case, granting relief under the petition which stated no cause of action, must be

Reversed. All the Justices concur.

ARGUED FEBRUARY 14, 1966 — DECIDED MARCH 10, 1966.