Supreme Court of Georgia, 1917

Bolton v. City of Newnan

Supreme Court of Georgia · Decided November 17, 1917 · Gilbert

147 Ga. 400; 94 S.E. 236; 1917 Ga. LEXIS 212

Cases that cite this one

23 later published cases cite this decision.

Willis v. Jackson (Ga. Ct. App. 1978)
Freeman v. City of Valdosta (Ga. Ct. App. 1969)
DuBose v. City of Lumpkin (Ga. Ct. App. 1966)
Smith v. Mayor C. of Macon (Ga. 1947)
Martin v. State (Ga. 1945)
Dodys v. State (Ga. Ct. App. 1945)
Thompson v. Allen (Ga. 1943)
Campbell v. City of Atlanta (Ga. Ct. App. 1940)
Brackett v. City of Atlanta (Ga. Ct. App. 1935)
Parker v. Bond (Ga. Ct. App. 1933)
Worth v. Borough of Atlanta (Ga. 1932)
Cook v. State (Ga. Ct. App. 1929)
Conyers v. Luther Williams Banking Co. (Ga. 1926)
United States Fidelity & Guaranty Co. v. Watts (Ga. Ct. App. 1926)
Edwards v. McNair & Sellers (Ga. 1922)
Smith v. Dallas Utility Co. (Ga. Ct. App. 1921)
Scoggins v. State (Ga. Ct. App. 1920)
Woodall v. State (Ga. Ct. App. 1920)
Andrews v. Mayor of Savannah (Ga. Ct. App. 1920)
Crawley v. State (Ga. Ct. App. 1919)
Patterson v. Bank of Alapaha (Ga. 1918)
Bell v. City of Valdosta (Ga. Ct. App. 1933)
Harris v. State (Ga. 1917)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Gilbert, J.

1. Where it does not appear from the record that issues were made in the trial court, they can not be raised by certiorari in the superior court, and reviewed in this court. Hood v. Griffin, 113 Ga. 190 (38 S. E. 409); Duren v. Thomasville, 125 Ga. 1 (53 S. E. 814) ; Hardy v. Eatonton, 128 Ga. 27 (57. S. E. 99).

2. The constitutional issues were raised for the first time in a certiorari to the superior court from a judgment in the municipal court. Therefore the superior court could not consider, nor can this court review, these assignments of error.

3. It follows from the above rulings that this court is without jurisdiction of this case; and it is ordered that "the same be transferred to the Court of Appeals.

All the Justices concur, except Dish, O. J., absent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.