Kohl v. Manning

Supreme Court of Georgia

Kohl v. Manning

158 S.E.2d 375, 223 Ga. 755, 1967 Ga. LEXIS 686

CourtSupreme Court of Georgia

DecidedOctober 20, 1967

Docket24349

StatusPublished

Cited by5 cases

This text of 158 S.E.2d 375 (Kohl v. Manning) 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

Kohl v. Manning, 158 S.E.2d 375, 223 Ga. 755, 1967 Ga. LEXIS 686 (Ga. 1967).

Pincite

Opinion

Duckworth, Chief Justice.

Only alleged errors occurring in the lower court may be enumerated in an appeal, and a statute may not be constitutionally- attacked for the first time in the enumerations of error so as to give this court jurisdiction of tne appeal, the same being merely surplusage and not an enumeration of error. Code Ann. § 6-810 (Ga. L. 1965, pp. 18, 29; pp. 240, 243); Law v. State, 219 Ga. 583 (134 SE2d 776), and cases cited therein. The case being one to review the dismissal and motion to reconsider the dismissal of the petition for certiorari which was denied and which involves, in addition to other questions, the application of certain clauses of the State and Federal Constitutions to the denial of the certiorari, the Supreme Court does not have jurisdiction of the case, but it is one of which the Court of Appeals has jurisdiction for review. Code Ann. §§ 2-3704, 2-3708 (Const, of 1945); Gulf Paving Co. v. City of Atlanta, 149 Ga. 114 (1) (99 SE 374); Felker v. Still, 176 Ga. 735 (169 SE 15); Walther v. Walther, 219 Ga. 644 (135 SE2d 401).

Transferred to the Court of Appeals.

All the Justices concur.

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Duckworth, Chief Justice.

Only alleged errors occurring in the lower court may be enumerated in an appeal, and a statute may not be constitutionally- attacked for the first time in the enumerations of error so as to give this court jurisdiction of tne appeal, the same being merely surplusage and not an enumeration of error. Code Ann. § 6-810 (Ga. L. 1965, pp. 18, 29; pp. 240, 243); Law v. State, 219 Ga. 583 (134 SE2d 776), and cases cited therein. The case being one to review the dismissal and motion to reconsider the dismissal of the petition for certiorari which was denied and which involves, in addition to other questions, the application of certain clauses of the State and Federal Constitutions to the denial of the certiorari, the Supreme Court does not have jurisdiction of the case, but it is one of which the Court of Appeals has jurisdiction for review. Code Ann. §§ 2-3704, 2-3708 (Const, of 1945); Gulf Paving Co. v. City of Atlanta, 149 Ga. 114 (1) (99 SE 374); Felker v. Still, 176 Ga. 735 (169 SE 15); Walther v. Walther, 219 Ga. 644 (135 SE2d 401).

Transferred to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

158 S.E.2d 375, 223 Ga. 755, 1967 Ga. LEXIS 686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kohl-v-manning-ga-1967.

Opinion

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