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Adler v. Adler
Citations: 72 S.E.2d 714; 209 Ga. 363; 1952 Ga. LEXIS 498Docket: 17973
Court: Supreme Court of Georgia; October 14, 1952; Georgia; State Supreme Court
The Supreme Court of Georgia addressed the case of Adler et al. v. Adler, wherein the petitioners sought several forms of relief, including a request for process to compel the defendants to respond, a 20-day deadline for defensive pleadings, a declaration of rights allowing the petitioner to purchase certain real estate if they present the highest bid, and an order for the property to be sold to the highest bidder. The petition also requested additional relief deemed just by the court. The Court found that the nature of the case did not require equitable relief, nor did it involve extraordinary remedies as defined under the law. It clarified that proceedings under the Declaratory Judgments Act are not inherently equitable and noted that the case did not necessitate the interpretation of a deceased's will or any other matter that would fall under the Supreme Court's jurisdiction. Consequently, the Court determined that the appropriate venue for this matter was the Court of Appeals and transferred the case accordingly. All Justices concurred with this decision.