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

EBERHARDT, Judge.

This action upon an insurance contract was amended by adding three counts seeking, inter alia, a reformation of the contract to include a coverage for loss sustained by the insured from the negligent act of an uninsured motorist. The petition, as thus amended, was dismissed upon general demurrer.

The amendment of the petition, seeking reformation of the contract, converted the action from one at law to one in equity, and hence the Supreme Court rather than the Court of Appeals, has jurisdiction of the appeal. Art. VI, Sec. II, Par. IV, Constitution of 1945 ( Code Ann. § 2-3704); American Associated Companies v. Vaughan, 210 Ga. 141, 144 (1) ( 78 S.E.2d 43); Benton v. Benton, 164 Ga. 541 ( 139 S.E. 68); Dixie Belle Mills v. Specialty Machine Co., 103 Ga. App. 478 (2) ( 120 S.E.2d 54). "The jurisdiction of [the Supreme Court] is not limited to good cases in equity, but will embrace both good and bad equity cases." Consequently, "even though [the petition, as amended] may not state a valid and subsisting cause of action for [equitable] relief," it is within that court's jurisdiction. O'Callaghan v. Bank of Eastman, 180 Ga. 812, 818 ( 180 S.E. 847). The appeal is accordingly

Transferred to the Supreme Court. Bell, P. J., and Jordan, J., concur.

ARGUED NOVEMBER 9, 1966 — DECIDED NOVEMBER 15, 1966.
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SUTKER v. PENNSYLVANIA INSURANCE COMPANY
(Nov 15, 1966)