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201 Ga. 340

39 S.E.2d 698

Halliburton v. Collier

Supreme Court of Georgia

Decided October 8, 1946

Supreme Court of Georgia · decided 1946-10-08

Cited by 4 later decisions — most recently May 1955

4 state decisions

Relies on Gilbert Hotel No. 22 Inc. v. Black · Grobli v. Foreman · Henley v. Colonial Stages South Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1946-10-08

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Head, Justice.

¶1 The judgment in this case was for an abatement in the contract price for the purchase of described realty. It appears that the parties by agreement before trial disposed of the injunctive feature, and that no equitable relief was granted. Held: The judgment rendered was not in a suit “respecting title to land” within the provisions of art. 6, sec. 2, par. 4 of the Constitution of 1945. Such judgment was in a suit essentially an action at law for the recovery of the value of land. Grobli v. Foreman, 171 Ga. 712 (156 S. E. 622) ; Farkas v. Stephens, 181 Ga. 669 (183 S. E. 796) ; Henley v. Colonial Stages, 184 Ga. 445 (191 S. E. 445); Gilbert Hotel v. Black, 192 Ga. 643 (16 S. E. 2d, 435). *341 .It therefore appears that all questions for decision are properly within the jurisdiction of the Court of Appeals and not the Supreme Court.

No. 15587. October 8, 1946. Lewis & Sell, for plaintiff in error. T. A. Jacobs Jr., and J. J. Gautier, contra.

¶2 Transferred to the Court of Appeals.

All the Justices concur.
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