Darby v. City of Vidalia

Supreme Court of Georgia

Darby v. City of Vidalia

43 S.E.2d 152, 202 Ga. 371, 1947 Ga. LEXIS 430

CourtSupreme Court of Georgia

DecidedJune 12, 1947

Docket15852.

StatusPublished

This text of 43 S.E.2d 152 (Darby v. City of Vidalia) 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.

Bluebook

Darby v. City of Vidalia, 43 S.E.2d 152, 202 Ga. 371, 1947 Ga. LEXIS 430 (Ga. 1947).

Pincite

Opinion

Head, Justice.

W. H. Lanier, as Solicitor-General of the Middle Judicial Circuit, filed a petition in the Superior Court of Toombs County for the validation of water and sewer revenue certificates, authorized by resolution of the Mayor and Council of the City of Vidalia. J. F. Darby et al., as citizens and taxpayers of the City of Vidalia, filed objections to the proceedings for validation, and were made parties by order of the court. It was contended by the objectors that the’ revenue certificates were excessive in amount for certain stated reasons. No constitutional question was made by the objections filed in the validation proceedings. The objections were held by the court to be without merit, and Darby et al. excepted to the order of validation. Held: Under the rulings of this court in Dade County v. State, 201 Ga. 241 (39 S. E. 2d, 473), section 13 of the act of 1937 (Ga. L. 1937, pp. 761-771), was superseded by the Constitution of 1945, as to the jurisdiction of the Supreme Court and the Court of Appeals. In this case a construction of the Constitution is not involved, and jurisdiction of the exceptions to the judgment of validation of revenue certificates is vested in the Court of Appeals and not the Supreme Court.

Transferred to the Court of Appeals.

All the Justices concur.

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Head, Justice.

W. H. Lanier, as Solicitor-General of the Middle Judicial Circuit, filed a petition in the Superior Court of Toombs County for the validation of water and sewer revenue certificates, authorized by resolution of the Mayor and Council of the City of Vidalia. J. F. Darby et al., as citizens and taxpayers of the City of Vidalia, filed objections to the proceedings for validation, and were made parties by order of the court. It was contended by the objectors that the’ revenue certificates were excessive in amount for certain stated reasons. No constitutional question was made by the objections filed in the validation proceedings. The objections were held by the court to be without merit, and Darby et al. excepted to the order of validation. Held: Under the rulings of this court in Dade County v. State, 201 Ga. 241 (39 S. E. 2d, 473), section 13 of the act of 1937 (Ga. L. 1937, pp. 761-771), was superseded by the Constitution of 1945, as to the jurisdiction of the Supreme Court and the Court of Appeals. In this case a construction of the Constitution is not involved, and jurisdiction of the exceptions to the judgment of validation of revenue certificates is vested in the Court of Appeals and not the Supreme Court.

Transferred to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

43 S.E.2d 152, 202 Ga. 371, 1947 Ga. LEXIS 430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darby-v-city-of-vidalia-ga-1947.

Opinion

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