Supreme Court of Georgia, 1952

Burnett v. Burnett

Supreme Court of Georgia · Decided September 9, 1952 · Head, Duckworth, Atkinson, Almand

72 S.E.2d 459; 209 Ga. 353; 1952 Ga. LEXIS 488 (South Eastern Reporter, Second Series)

Cases that cite this one

6 later published cases cite this decision.

Harrison v. SOUTHERN TALC COMPANY (Ga. 1980)
Elson's Book Store v. Buice (Ga. 1971)
Bennett Plumbing Co. v. Lovins (Ga. 1970)
Hammock v. Davidson Granite Co. (Ga. 1963)
Taylor v. Smith (Ga. 1954)
Burnett v. Burnett (Ga. Ct. App. 1952)

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

Head, Justice.

1. A question, of constitutional law not raised in the tribunal, the judgment of which is under review, but alleged in the bill of exceptions to have been presented on the hearing of an appeal to the superior court from an award of the State Board of Workmen’s Compensation, is not properly raised for decision in a writ of error to this court. Martin v. State, 199 Ga. 731 (1) (35 S. E. 2d, 151); Brackett v. Maxwell, 200 Ga. 213 (3) (36 S. E. 2d, 638); Smith v. Mayor &c. of Macon, 202 Ga. 68 (1) (42 S. E. 2d, 128); Cheek v. White, 204 Ga. 321 (2) (49 S. E. 2d, 819); Galfas v. Ailor, 206 Ga. 76 (1) (55 S. E. 2d, 582).

2. The other assignments of error not involving questions over which this court has jurisdiction, the case is ti'ansferred to the Court of Appeals. Code (Ann.), §§ 2-3704, 2-3708.

Transferred to the Court of Appeals.

All the Justices concur, except Duckworth, CJ., Atkinson, P.J., and Almand, J., not participating.

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