SUTKER v. PENNSYLVANIA INSURANCE COMPANY

23880.

223 Ga. 58 (1967)

153 S.E.2d 540

SUTKER et al. v. PENNSYLVANIA INSURANCE COMPANY et al.

Supreme Court of Georgia.

Decided January 19, 1967.


Attorney(s) appearing for the Case

Kravitch & Hendrix, Aaron Kravitch, Phyllis Kravitch, Bart E. Shea, John W. Hendrix, for appellants.

W. Ward Newton, Richardson, Doremus & Karsman, Brannen, Clark & Hester, Perry Brannen, for appellees.


NICHOLS, Justice.

In determining whether an action brought in the superior court is in equity or at law both the allegations and the prayer must be examined, and where as in the case sub judice the reformation of a contract is prayed for but the allegations of the petition fail to allege fraud or mutual mistake, the action seeking a money judgment is one at law and not in equity. Accordingly, the Court of Appeals and not this...

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