In Re BOULT

Supreme Court of Georgia

In Re BOULT

181 S.E.2d 821, 227 Ga. 564, 1971 Ga. LEXIS 774

CourtSupreme Court of Georgia

DecidedMay 6, 1971

Docket26444

StatusPublished

Cited by6 cases

This text of 181 S.E.2d 821 (In Re BOULT) 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.

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In Re BOULT, 181 S.E.2d 821, 227 Ga. 564, 1971 Ga. LEXIS 774 (Ga. 1971).

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Opinion

Felton, Justice.

The applicant for admission to the State Bar of Georgia under the provisions of Code Ann. Ch. 9-2 (Ga. L. 1969, p. 82) filed a reply to the response of the State Bar of Georgia in Fulton Superior Court, in which he attacked the constitutionality of certain provisions of said statutes. The superior court judge entered the following order: "The application listed in caption coming on to be heard on the application, the response of State Bar of Georgia, and the reply to that response, there being no factual issues in dispute, after argument of counsel and consideration It Is Ordered and Adjudged that the objection of respondent be and it is hereby sustained and the prayer of applicant that he be admitted to the Bar of Georgia be and it is hereby denied.”

" 'This court will never pass upon the constitutionality of an Act of the General Assembly unless it clearly appears . . . that the point was directly and properly made in the court below and distinctly passed on by the trial judge.’” [Emphasis supplied.] Tant v. State, 226 Ga. 761 (177 SE2d 484) and cit. It is clear from the language of the above-quoted judgment that the trial judge did not distinctly, specifically and expressly pass on the constitutional questions.

*565 Submitted April 14, 1971 Decided May 6, 1971. Reber F. Boult, Jr., pro se, Albert M. Horn, Jack Watson, Jr., for appellant. Mallory C. Atkinson, Alexander Cocalis, for appellee.

Since there is no other basis for this court’s jurisdiction under the Constitution (Art VI, Sec. II, Par. IV; Code Ann. §2-3704), the case is

Transferred to the Court of Appeals.

All the Justices concur.

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Felton, Justice.

The applicant for admission to the State Bar of Georgia under the provisions of Code Ann. Ch. 9-2 (Ga. L. 1969, p. 82) filed a reply to the response of the State Bar of Georgia in Fulton Superior Court, in which he attacked the constitutionality of certain provisions of said statutes. The superior court judge entered the following order: "The application listed in caption coming on to be heard on the application, the response of State Bar of Georgia, and the reply to that response, there being no factual issues in dispute, after argument of counsel and consideration It Is Ordered and Adjudged that the objection of respondent be and it is hereby sustained and the prayer of applicant that he be admitted to the Bar of Georgia be and it is hereby denied.”

" 'This court will never pass upon the constitutionality of an Act of the General Assembly unless it clearly appears . . . that the point was directly and properly made in the court below and distinctly passed on by the trial judge.’” [Emphasis supplied.] Tant v. State, 226 Ga. 761 (177 SE2d 484) and cit. It is clear from the language of the above-quoted judgment that the trial judge did not distinctly, specifically and expressly pass on the constitutional questions.

*565 Submitted April 14, 1971 Decided May 6, 1971. Reber F. Boult, Jr., pro se, Albert M. Horn, Jack Watson, Jr., for appellant. Mallory C. Atkinson, Alexander Cocalis, for appellee.

Since there is no other basis for this court’s jurisdiction under the Constitution (Art VI, Sec. II, Par. IV; Code Ann. §2-3704), the case is

Transferred to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

181 S.E.2d 821, 227 Ga. 564, 1971 Ga. LEXIS 774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-boult-ga-1971.

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