Gunby v. Roberts

Supreme Court of Georgia

Gunby v. Roberts

53 S.E.2d 370, 205 Ga. 346, 1949 Ga. LEXIS 355

CourtSupreme Court of Georgia

DecidedMay 12, 1949

Docket16625.

StatusPublished

Cited by5 cases

This text of 53 S.E.2d 370 (Gunby v. Roberts) 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

Gunby v. Roberts, 53 S.E.2d 370, 205 Ga. 346, 1949 Ga. LEXIS 355 (Ga. 1949).

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Opinion

Duckworth, Chief Justice.

The sole ruling of the trial judge which it is sought by the bill of exceptions to have reviewed is a judgment dismissing, on oral motion of the defendant, a petition seeking recovery in an action at law against a surely on a guardian’s bond. The certified question simply enumerates material allegations of the petition and requests the Supremo Court to answer whether or not the petition *347 was subject to dismissal on the oral motion. The Constitution confers exclusive jurisdiction upon the Court of Appeals to review such cases,, and not upon the Supreme Court except in cases where the Judges of the Court of Appeals are equally divided. Article 6, section 2, paragraph 4, and article 6, section 2, paragraph 8 of the Constitution (Code, Ann. Supp., §§ 2-3704, 2-3708). An answer by the Supreme Court of the question certified would constitute a decision of the main case by this court instead of the Court of Appeals. This cannot, under the Constitution, be done. Johnston v. Travelers Insurance Co., 183 Ga. 229 (188 S. E. 27); Liverpool & London & Globe Ins. Co. v. Stuart, 193 Ga. 437 (18 S. E. 2d, 681); Butler v. State, 194 Ga. 426 (21 S. E. 2d, 846); City of Trenton v. Dade County, 202 Ga. 190 (42 S. E. 2d, 438). For the reasons stated we must respectfully decline to answer the question certified.

No. 16625. May 12, 1949. Smith, Kilpatñck, Cody, Rogers & McClatchey, and Sidney Haskins, for plaintiff. Alfredda S. Wilkerson and William J. Wilkei-son, for defendant.

Question not answered.

All the Justices concur.

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Duckworth, Chief Justice.

The sole ruling of the trial judge which it is sought by the bill of exceptions to have reviewed is a judgment dismissing, on oral motion of the defendant, a petition seeking recovery in an action at law against a surely on a guardian’s bond. The certified question simply enumerates material allegations of the petition and requests the Supremo Court to answer whether or not the petition *347 was subject to dismissal on the oral motion. The Constitution confers exclusive jurisdiction upon the Court of Appeals to review such cases,, and not upon the Supreme Court except in cases where the Judges of the Court of Appeals are equally divided. Article 6, section 2, paragraph 4, and article 6, section 2, paragraph 8 of the Constitution (Code, Ann. Supp., §§ 2-3704, 2-3708). An answer by the Supreme Court of the question certified would constitute a decision of the main case by this court instead of the Court of Appeals. This cannot, under the Constitution, be done. Johnston v. Travelers Insurance Co., 183 Ga. 229 (188 S. E. 27); Liverpool & London & Globe Ins. Co. v. Stuart, 193 Ga. 437 (18 S. E. 2d, 681); Butler v. State, 194 Ga. 426 (21 S. E. 2d, 846); City of Trenton v. Dade County, 202 Ga. 190 (42 S. E. 2d, 438). For the reasons stated we must respectfully decline to answer the question certified.

No. 16625. May 12, 1949. Smith, Kilpatñck, Cody, Rogers & McClatchey, and Sidney Haskins, for plaintiff. Alfredda S. Wilkerson and William J. Wilkei-son, for defendant.

Question not answered.

All the Justices concur.

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Bluebook (online)

53 S.E.2d 370, 205 Ga. 346, 1949 Ga. LEXIS 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunby-v-roberts-ga-1949.

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