Opinion
18223.
ARGUED MAY 12, 1953.
DECIDED JUNE 8, 1953.
Damages. Before Judge Crow. Dougherty Superior Court. March 13, 1953.
J. Neely Peacock Jr. and George L. Sabados, for plaintiff in error.
Peacock, Perry Kelley, Jesse W. Walters, B. H. Chappell, Burt Burt, Walter H. Burt, Leonard Farkas, Farkas, Landau Davis and Foley, Chappell, Kelley Champion, contra.
This case is controlled by Miller v. Ray, 208 Ga. 27 ( 64 S.E.2d 449), the equity features thereof having been eliminated by amendment leaving only a suit for damages, and the Supreme Court is without jurisdiction of the writ of error.
Transferred to the Court of Appeals. All the Justices concur, except Atkinson, P. J., not participating.