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GRADING, INC. v. COOK

19012, 19013.

211 Ga. 749 (1955)

88 S.E.2d 364

GRADING, INC. v. COOK et al. COOK v. GRADING, INC., et al.

Supreme Court of Georgia.

Decided July 13, 1955.

Attorney(s) appearing for the Case

L. Jack Swertfeger, Jr., McCurdy & Candler, J. Robin Harris, for Grading, Inc.

W. George Thomas, Bruce B. Edwards, Joe R. Edwards, contra.

MOBLEY, Justice.

"An equitable petition does not lie to enjoin proceedings under a levy when the defendant in execution has a complete and adequate remedy by illegality." Hitchcock v. Culver, 107 Ga. 184 (2) (33 S. E. 35); Chadwick v. Dolinoff, 207 Ga. 702 (2) (64 S.E.2d 76). "Whether an action is one at law or in equity is determined by the allegations of the petition...

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