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221 Ga. 858

Devitt v. Close

Supreme Court of Georgia

Decided March 10, 1966

Supreme Court of Georgia · decided 1966-03-10

Relies on Devitt v. Close

Decided 1966-03-10

Cook, Justice.

¶1The order appealed from in the present case was one refusing to vacate a prior order removing trustees and appointing a new trustee. It was entered while- the case was on appeal to this court from a ruling on general demurrer, and prior to the decision by this court holding that the petition did not state a cause of action. Devitt v. Close, 221 Ga. 555 (146 SE2d 286). We have on this date decided that the- petition as amended failed to state a cause of actibn. Devitt v. Close, ante. The order appealed from in the present case, granting relief under the petition which stated no- cause of action, must be

¶2Reversed.

All the Justices concur.
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