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FIRST NATIONAL BANK OF ATLANTA v. ROWLEY

24637.

224 Ga. 440 (1968)

162 S.E.2d 294

FIRST NATIONAL BANK OF ATLANTA et al. v. ROWLEY.

Supreme Court of Georgia.

Decided June 25, 1968.

Attorney(s) appearing for the Case

Jones, Bird & Howell, Frazer Durrett, Jr., Trammell E. Vickery, F. M. Bird, Jr., Harrison & Laster, Robert W. Harrison, Jr., for appellants.

Charles C. Stebbins, Jr., Jones & Kemp, Charles M. Jones, for appellee.

FRANKUM, Justice.

1. "`Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.' Constitution of Georgia, Art. VI, Sec. XVI, Par. III (Code § 2-4303) [now Code Ann. § 2-4903]. This is mandatory, and can not be altered by legislative enactment or any rule of construction. By this provision every suit in equity must be brought in the county where a defendant against whom substantial relief...

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