Supreme Court of Georgia, 1945

Ayers v. Franklin County

Supreme Court of Georgia · Decided October 5, 1945 · Duckworth

35 S.E.2d 455; 199 Ga. 835; 1945 Ga. LEXIS 376 (South Eastern Reporter, Second Series)

Cases that cite this one

9 later published cases cite this decision.

Lucas v. Continental Casualty Co. (Ga. Ct. App. 1969)
Walker v. Sutton (Ga. Ct. App. 1996)
Duffee v. Rader (Ga. Ct. App. 1986)
Foster v. State (Ga. Ct. App. 1981)
DeKalb County v. PMS Construction Co. (Ga. Ct. App. 1978)
Joyner v. William J. Butler, Inc. (Ga. Ct. App. 1977)
Martin v. Pierce (Ga. Ct. App. 1977)
National Advertising Company v. NORTH AMERICAN INSURANCE & REALTY COMPANY, INC. (Ga. Ct. App. 1970)
Steve M. Solomon, Jr., Inc. v. Edgar (Ga. Ct. App. 1955)

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

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.

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