Gerrell v. Jackson

Court of Appeals of Georgia

Gerrell v. Jackson

70 S.E.2d 105, 85 Ga. App. 707, 1952 Ga. App. LEXIS 814

CourtCourt of Appeals of Georgia

DecidedMarch 19, 1952

Docket33978

StatusPublished

Cited by3 cases

This text of 70 S.E.2d 105 (Gerrell v. Jackson) 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

Gerrell v. Jackson, 70 S.E.2d 105, 85 Ga. App. 707, 1952 Ga. App. LEXIS 814 (Ga. Ct. App. 1952).

Pincite

Opinion

Sutton, C.J.

It appears from the record in the present case that the injury, for which compensation was awarded to the claimant by the State Board of Workmen’s Compensation, occurred in DeKalb County, such fact being stipulated by counsel and also testified to by the claimant; and it further appears that the appeal from the award was made to the Superior Court of Fulton County instead of to the Superior Court of DeKalb County, to which court the appeal should have been made. Code, § 114-710. This case is therefore controlled by the ruling of this court in Porter v. Employers Liability Ins. Co., 85 Ga. App. 497 (60 S. E. 2d, 384) to the effect that in such a case the superior court of a county other than the county in which the injury occurred is without jurisdiction to entertain such appeal, and that its judgment on the appeal is void. Therefore, the Superior Court of Fulton County was without jurisdiction to render the judgment complained of and said judgment is void; and the Superior Court of Fulton County is directed ■ to enter an order dismissing the appeal from the award of the State Board of Workmen’s Compensation to the Superior Court of Fulton County.

Judgment affirmed with direction.

Felton and Worrill, JJ., concur.

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Sutton, C.J.

It appears from the record in the present case that the injury, for which compensation was awarded to the claimant by the State Board of Workmen’s Compensation, occurred in DeKalb County, such fact being stipulated by counsel and also testified to by the claimant; and it further appears that the appeal from the award was made to the Superior Court of Fulton County instead of to the Superior Court of DeKalb County, to which court the appeal should have been made. Code, § 114-710. This case is therefore controlled by the ruling of this court in Porter v. Employers Liability Ins. Co., 85 Ga. App. 497 (60 S. E. 2d, 384) to the effect that in such a case the superior court of a county other than the county in which the injury occurred is without jurisdiction to entertain such appeal, and that its judgment on the appeal is void. Therefore, the Superior Court of Fulton County was without jurisdiction to render the judgment complained of and said judgment is void; and the Superior Court of Fulton County is directed ■ to enter an order dismissing the appeal from the award of the State Board of Workmen’s Compensation to the Superior Court of Fulton County.

Judgment affirmed with direction.

Felton and Worrill, JJ., concur.

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Bluebook (online)

70 S.E.2d 105, 85 Ga. App. 707, 1952 Ga. App. LEXIS 814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerrell-v-jackson-gactapp-1952.

Opinion

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