Ayers v. Franklin County
This text of 35 S.E.2d 455 (Ayers v. Franklin County) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Cite This Page — Counsel Stack
35 S.E.2d 455, 199 Ga. 835, 1945 Ga. LEXIS 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ayers-v-franklin-county-ga-1945.