Burnett v. Burnett

Court of Appeals of Georgia

Burnett v. Burnett

73 S.E.2d 569, 87 Ga. App. 322, 1952 Ga. App. LEXIS 679

CourtCourt of Appeals of Georgia

DecidedDecember 5, 1952

Docket34333

StatusPublished

Cited by2 cases

This text of 73 S.E.2d 569 (Burnett v. Burnett) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burnett v. Burnett, 73 S.E.2d 569, 87 Ga. App. 322, 1952 Ga. App. LEXIS 679 (Ga. Ct. App. 1952).

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Opinion

Sutton, C. J.

This case was transferred to this court by the Supreme Court (Burnett v. Burnett, 209 Ga. 353, 72 S. E. 2d, 459), it being held that the questions of constitutional law were not properly raised. It appears that the hearing of a claim for workmen’s compensation, on account of an accident which had occurred in Telfair County, was held by agreement of the parties in Bibb County', and that an appeal was taken from the finding and award of the Board of Workmen’s Com[323]*323pensation to the Superior Court of Bibb County. Under the provisions of Code § 114-710, the Superior Court of Bibb County, not being the superior court of the county in which the injury had occurred, was without jurisdiction of the subject matter, and that court did not err in denying a motion to transfer the appeal to the Superior Court of Telfair County and in dismissing the appeal. Porter v. Employers Liarbility Ins. Co., 85 Ga. App. 497 (69 S. E. 2d, 384); Gerrell v. Jackson, 85 Ga. App. 707 (70 S. E. 2d, 105).

Decided December 5, 1952. Thomas A. Jacobs, for plaintiff in error. Clarence H. Clay Jr., Harris, Bussell, Weaver & Watkins, .contra.

Judgment affirmed.

Felton and Worrill, JJ., concur.

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Sutton, C. J.

This case was transferred to this court by the Supreme Court (Burnett v. Burnett, 209 Ga. 353, 72 S. E. 2d, 459), it being held that the questions of constitutional law were not properly raised. It appears that the hearing of a claim for workmen’s compensation, on account of an accident which had occurred in Telfair County, was held by agreement of the parties in Bibb County', and that an appeal was taken from the finding and award of the Board of Workmen’s Com[323]*323pensation to the Superior Court of Bibb County. Under the provisions of Code § 114-710, the Superior Court of Bibb County, not being the superior court of the county in which the injury had occurred, was without jurisdiction of the subject matter, and that court did not err in denying a motion to transfer the appeal to the Superior Court of Telfair County and in dismissing the appeal. Porter v. Employers Liarbility Ins. Co., 85 Ga. App. 497 (69 S. E. 2d, 384); Gerrell v. Jackson, 85 Ga. App. 707 (70 S. E. 2d, 105).

Decided December 5, 1952. Thomas A. Jacobs, for plaintiff in error. Clarence H. Clay Jr., Harris, Bussell, Weaver & Watkins, .contra.

Judgment affirmed.

Felton and Worrill, JJ., concur.

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Bluebook (online)

73 S.E.2d 569, 87 Ga. App. 322, 1952 Ga. App. LEXIS 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burnett-v-burnett-gactapp-1952.

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