Collier v. Akins

¶1dissenting. I dissent from the judgment not on the merits, as I express no opinion thereon, but I dissent on the ground that I am of the opinion that this court does not have jurisdiction of the case for the reason that the plaintiff prayed for equitable relief in praying “that the court enter an order in said matter restoring petitioner to possession and control of all of the property described in said instrument,” and for such other relief as seems proper. The question here is not whether the petition sets forth a good cause of action for equitable relief but simply whether the plaintiff seeks it in good faith, whether well-founded or not. An equity court has the supreme and all-inclusive jurisdiction to say whether a petition or *278other pleadings set forth grounds for equitable relief. A court of law has no jurisdiction to pass on the question whether a petition seeking equitable relief is good or bad as to the equitable feature. I think this case should be transferred to the Supreme Court. See Code §§ 37-901, 37-902, 37-907; Smith v. Manning, 155 Ga. 209 (116 S. E. 813).