OXFORD v. SANDERS

21598.

217 Ga. 820 (1962)

125 S.E.2d 483

OXFORD, Commissioner v. SANDERS, Sheriff, et al.

Supreme Court of Georgia.

Decided May 7, 1962.


Attorney(s) appearing for the Case

Eugene Cook, Attorney-General, William L. Harper, Assistant Attorney-General, for plaintiff in error.

Hicks & Howard, contra.


MOBLEY, Justice.

1. "Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed." Code Ann. § 2-4903. Where an equitable petition does not pray for substantial relief against any defendant residing in the county where the suit is brought, the court is without jurisdiction, and if the same appears on the face of the petition, the suit is subject to dismissal on general demurrer based on this jurisdictional...

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