Stone v. First National Bank of Atlanta

Full title: STONE v. FIRST NATIONAL BANK OF ATLANTA, Executor, et al

Court: Supreme Court of Georgia

Date published: Nov 22, 1967

158 S.E.2d 382 (Ga. 1967)

158 S.E.2d 382

Opinion

24364.

ARGUED NOVEMBER 14, 1967.

DECIDED NOVEMBER 22, 1967.

Declaratory judgment; accounting. Fulton Superior Court. Before Judge McKenzie.

J. Ralph McClelland, Jr., for appellant.

Edward P. Ellis, Walter W. Calhoun, Joe W. Gerstein, for appellees.

NICHOLS, Justice.

1. No grounds for an equitable accounting are alleged, and an accounting may be had at law. Code § 10-102; Burress v. Montgomery, 148 Ga. 548 ( 97 S.E. 538); Gifford v. Jackson, 223 Ga. 155 ( 154 S.E.2d 224).

2. This case falls within the jurisdiction of the Court of Appeals since it involves a declaratory judgment and temporary restraining order to maintain the status quo between the parties until the accounting may be had, and the prayer for permanent injunction without alleging facts which it is claimed would support the prayer for such relief is insufficient to place jurisdiction in this court. See Hudon v. North Atlanta, 219 Ga. 179 ( 132 S.E.2d 74), and citations.

Transferred to the Court of Appeals. All the Justices concur.

ARGUED NOVEMBER 14, 1967 — DECIDED NOVEMBER 22, 1967.