Hood v. Rice

Supreme Court of Georgia

Hood v. Rice

168 S.E.2d 150, 225 Ga. 327, 1969 Ga. LEXIS 490

Supreme Court of Georgia·Decided May 22, 1969·No. 25205·Published·Cited by 4 cases

Opinion

Gricb, Justice.

This court’s jurisdiction to review the judgment complained of is predicated upon the drawing into question of the constitutionality of certain statutes of this state. However, the record shows that such issues were not passed upon by the trial judge. Therefore, this court is without jurisdiction. Ga. Const., Art. VI, Sec. II, Par. IV (Code Ann. § 2-3704); Undercofler v. United States Steel Corp., 219 Ga. 264 (133 SE2d 11).

Transferred to the Court of Appeals.

All the Justices concur. *328 G. Seals Aiken, for appellant. J. Lee Perry, Assistant Attorney General, Latimer, Haddon & Stanfield, A. C. Latimer, John C. Pennington, for appellees.

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Gricb, Justice.

This court’s jurisdiction to review the judgment complained of is predicated upon the drawing into question of the constitutionality of certain statutes of this state. However, the record shows that such issues were not passed upon by the trial judge. Therefore, this court is without jurisdiction. Ga. Const., Art. VI, Sec. II, Par. IV (Code Ann. § 2-3704); Undercofler v. United States Steel Corp., 219 Ga. 264 (133 SE2d 11).

Transferred to the Court of Appeals.

All the Justices concur. *328 G. Seals Aiken, for appellant. J. Lee Perry, Assistant Attorney General, Latimer, Haddon & Stanfield, A. C. Latimer, John C. Pennington, for appellees.

Hood v. Rice, 168 S.E.2d 150, 225 Ga. 327, 1969 Ga. LEXIS 490 (Ga. 1969).

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Opinion

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