Selby v. Gilmer

1 Citing case

  1. Cawthon v. Douglas County

    248 Ga. 760 (Ga. 1982)   Cited 32 times
    Holding section of Civil Practice Act preserving right to jury trial as to claims for damages when tried with equity case did not create right to trial by jury in permanent injunction hearing to abate nuisance

    The holding of Williams v. Overstreet, supra, was applied to a suit for specific performance in Fields v. Davies, 235 Ga. 87 (1) ( 218 S.E.2d 828) (1975), and was applied to a zoning ordinance case in City Council of Augusta v. Carpenter, 240 Ga. 448 (2) ( 241 S.E.2d 199) (1978). In Selby v. Gilmer, 240 Ga. 241, 242 ( 240 S.E.2d 80) (1977), we wrote: "This court has previously held that there is no right of trial by jury in an equity case. [Cits.