Reports of Cases Decided in the Supreme Court of the State of ..., volume 123
Reports of Cases Decided in the Supreme Court of the State of ..., volume 123
Georgia. Supreme Court
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OLIVER. (123 the ground that the plaintiff was entitled, UDder her allegations, to a cancellation of a deed, and that this relief could not be granted to her by the city court. In Ungliah v. Thorn, 96 Oa. 557, a suit in a city court was enjoined upon the ground that the plaintiff was entitled, under the allegations of the petition, to a reformation of the contract, and that this was beyond the power of the city court. In Ragan v. Standard Scale Co., 123 Ga. 14, a claimant sought to mold a decre...e enforcing the equitable right of subrogation, which involved the revival of a canceled mortgage; and it was held that such relief was beyond the power of a city court to grant. The cases cited are those upon which the plain- tiff in error relies for a reversal of the judgment refusing to grant the injunction ; but the allegations of the petition do not bring the case within the principle of any of those decisions. There is a prayer for the cancellation of the dissolution agreement of the partnership ; but when the allegations of the petition are taken as a whole, it appears that the plaintiff does not desire that the dis- solution be set aside and the partnership reinstated, but that the relief sought is simply an accounting of the partnership affairs according to the truth and justice of the case.
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