Davis v. Embry

Court of Appeals of Georgia

Davis v. Embry

234 S.E.2d 416, 141 Ga. App. 818, 1977 Ga. App. LEXIS 2077

Procedural entryThis page is a short order in Davis v. Embry. Read the opinion of the Court — 140 Ga. App. 181 →

Court of Appeals of Georgia·Decided March 17, 1977·No. 53552·Published

Opinion

Bell, Chief Judge.

The only question argued in this case is the constitutionality of Code § 67-702. The record fails to show that the appellant raised this question and obtained a ruling on it by the trial court. Thus, the Supreme Court transferred the case to us. Although this court has jurisdiction of the appeal, no issue for decision has been presented. We have no alternative but to affirm the judgment below. Mason v. Town of Berlin, 128 Ga. App. 177 (196 SE2d 181).

Judgment affirmed.

McMurray and Smith, JJ., concur. Raborn L. Davis, for appellant. Nagle & Johnston, Howard H. Johnston, for appellees.

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Bell, Chief Judge.

The only question argued in this case is the constitutionality of Code § 67-702. The record fails to show that the appellant raised this question and obtained a ruling on it by the trial court. Thus, the Supreme Court transferred the case to us. Although this court has jurisdiction of the appeal, no issue for decision has been presented. We have no alternative but to affirm the judgment below. Mason v. Town of Berlin, 128 Ga. App. 177 (196 SE2d 181).

Judgment affirmed.

McMurray and Smith, JJ., concur. Raborn L. Davis, for appellant. Nagle & Johnston, Howard H. Johnston, for appellees.

Davis v. Embry, 234 S.E.2d 416, 141 Ga. App. 818, 1977 Ga. App. LEXIS 2077 (Ga. Ct. App. 1977).

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Opinion

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