Opinion
22072.
ARGUED JUNE 10, 1963.
DECIDED JULY 3, 1963.
Declaratory Judgment. DeKalb Superior Court. Before Judge Dean.
Bagwell Hames, James A. Bagwell, for plaintiffs in error.
T. B. Higdon, contra.
This case falls within the jurisdiction of the Court of Appeals since it is one for a declaration of the rights of the parties and shows that "the status of the respective parties pending the adjudication" should be maintained by the issuance of a temporary injunction. Felton v. Chandler, 201 Ga. 347 ( 39 S.E.2d 654); Milwaukee Mechanics' Ins. Co. v. Davis, 204 Ga. 67 ( 48 S.E.2d 876); Griffin v. Hardware Mut. Ins. Co., 212 Ga. 130 ( 91 S.E.2d 10). To make a case one for equity jurisdiction it must contain allegations and prayers for equitable relief. Decatur County v. Praytor, Howton Wood Contr. Co., 36 Ga. App. 611 ( 137 S.E. 918); City of Summerville v. Georgia Power Co., 204 Ga. 276, 277 (3) ( 49 S.E.2d 661); Odom v. Atlanta West Point R. Co., 204 Ga. 328 (1) ( 49 S.E.2d 821); U.S. Cas. Co. v. Georgia Sou. R. Co., 212 Ga. 569 ( 94 S.E.2d 422); Hollinshed v. Shadrick, 212 Ga. 624 ( 94 S.E.2d 705).
While there is a prayer for permanent injunction, the allegations are insufficient to authorize the grant of such relief, and if such a prayer alone determined jurisdiction, litigants could require this court to review every case as being within the jurisdiction of the court as an equity matter by adding such a spurious prayer. Accordingly, the writ of error is
Transferred to the Court of Appeals. All the Justices concur.