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UNITED STATES CASUALTY COMPANY v. PEACHTREE-ROXBORO CORPORATION

21073.

216 Ga. 546 (1961)

118 S.E.2d 189

UNITED STATES CASUALTY COMPANY v. PEACHTREE-ROXBORO CORPORATION et al.

Supreme Court of Georgia.

Decided January 5, 1961.

Rehearing Denied January 20, 1961.

Attorney(s) appearing for the Case

Nall, Miller, Cadenhead & Dennis, Robert E. Hicks, for plaintiff in error.

Moise, Post & Gardner, Alex McLennan, Albert G. Norman, Jr., J. William Gibson, contra.

MOBLEY, Justice.

Peachtree-Roxboro Corporation filed its petition in four counts in the Civil Court of Fulton County, seeking money damages against United States Casualty Co. The defendant filed general demurrers to counts 1, 2, and 3 and an oral motion to dismiss as to count 4, and also filed a general demurrer to count 2, on the ground that the civil court was without jurisdiction since count 2 sought relief in equity. The Civil Court of Fulton County sustained...

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