Ayers v. Franklin County

Supreme Court of Georgia
Ayers v. Franklin County, 35 S.E.2d 455 (Ga. 1945)
199 Ga. 835; 1945 Ga. LEXIS 376
Duckworth

Ayers v. Franklin County

Opinion of the Court

Duckworth, Justice.

The Supreme Court does not have jurisdiction to review a judgment sustaining a demurrer to a petition against Franklin County seeking only a judgment, because of personal injuries, in the amount of $20,000. Code, § 2-3005. Nor does the fact that the plaintiff in error excepts to such judgment upon the ground that it offends article 1, section 1, paragraph 2 and article 7, section 6, paragraph 2 of the constitution (Code, §§ 2-102, 2-5402) confer jurisdiction upon the Supreme Court. The exception does not require a construction of the provisions of the constitution, but requires merely an application of such provisions, and the Court of Appeals has jurisdiction. Code, § 2-3009; Wynn v. State, 178 Ga. 193 (172 S. E. 565); Head v. Edgar Brothers Co., 187 Ga. 409 (200 S. E. 792); Chastain v. Alford, 191 Ga. 677 (13 S. E. 2d, 769).

Transferred to the Court of Appeals.

All the Justices concur.

Reference

Full Case Name
Ayers v. Franklin County.
Cited By
10 cases
Status
Published