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LIVELY v. GRINSTEAD

18473.

210 Ga. 361 (1954)

80 S.E.2d 316

LIVELY et al. v. GRINSTEAD, Supervisor.

Supreme Court of Georgia.

Decided February 9, 1954.

Attorney(s) appearing for the Case

Frank Grizzard, Frank A. Bowers, John L. Respess, Jr., Margaret Hopkins, Guy Tyler, Edward E. Dorsey, D. B. Phillips, Davis & Stringer, Johnson & Johnson, for plaintiffs in error.

Eugene Cook, Attorney-General, Hugh C. Carney, Hamilton B. Stephens, Assistant Attorneys-General, contra.

SUTTON, Justice.

"Intervenors in an equity suit take the case as they find it, and cannot establish equities in their own behalf by intervention where the original petition in the case in which they intervene does not allege an equitable cause of action." Smith v. Manning, 155 Ga. 209 (4) (116 S. E. 813). Nor will constitutional questions be passed upon unless their determination is necessary to a disposition of the case. Sumter County v. Allen...

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