Leach v. Georgia Power Co.

Court of Appeals of Georgia

Leach v. Georgia Power Co.

182 S.E.2d 163, 123 Ga. App. 674, 1971 Ga. App. LEXIS 1343

CourtCourt of Appeals of Georgia

DecidedApril 21, 1971

Docket46108

StatusPublished

This text of 182 S.E.2d 163 (Leach v. Georgia Power Co.) 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.

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Leach v. Georgia Power Co., 182 S.E.2d 163, 123 Ga. App. 674, 1971 Ga. App. LEXIS 1343 (Ga. Ct. App. 1971).

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Opinion

Evans, Judge.

Examination of the record and the enumeration of errors in this case shows that during the proceedings under the Special Master Act for condemnation in rem the condemnees filed an ancillary petition for mandamus against the Special Master, praying for a mandamus nisi and for a mandamus absolute, which was dismissed as shown in the final judgment here under review. The appellants in one of their 26 specifications of error complain of the dismissal of the petition for mandamus.

This case is transferred to the Supreme Court of Georgia as required by the Constitution of 1945 (Code Ann. §2-3704; Art. VI, Sec. II, Par. IV), in that that court has jurisdiction on appeal "in all cases involving extraordinary remedies.” The Court of Appeals therefore does not have jurisdiction to review this case under Art. VI, Sec. II, Par. VIII (Constitution of 1945; Code Ann. §2-3708). Spence v. Miller, 176 Ga. 96, 99 (167 SE 188); James v. State, 120 Ga. App. 317 (170 SE2d 303); James v. State, 225 Ga. 809 (171 SE2d 533).

Transferred to the Supreme Court.

Jordan, P. J., and Quillian, J., concur. Reeves & Collier, Rex T. Reeves, Merrell Collier, for appellants. Troutman, Sams, Schroder & Lockerman, T. M. Smith, Warren 0. Wheeler, for appellee.

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Evans, Judge.

Examination of the record and the enumeration of errors in this case shows that during the proceedings under the Special Master Act for condemnation in rem the condemnees filed an ancillary petition for mandamus against the Special Master, praying for a mandamus nisi and for a mandamus absolute, which was dismissed as shown in the final judgment here under review. The appellants in one of their 26 specifications of error complain of the dismissal of the petition for mandamus.

This case is transferred to the Supreme Court of Georgia as required by the Constitution of 1945 (Code Ann. §2-3704; Art. VI, Sec. II, Par. IV), in that that court has jurisdiction on appeal "in all cases involving extraordinary remedies.” The Court of Appeals therefore does not have jurisdiction to review this case under Art. VI, Sec. II, Par. VIII (Constitution of 1945; Code Ann. §2-3708). Spence v. Miller, 176 Ga. 96, 99 (167 SE 188); James v. State, 120 Ga. App. 317 (170 SE2d 303); James v. State, 225 Ga. 809 (171 SE2d 533).

Transferred to the Supreme Court.

Jordan, P. J., and Quillian, J., concur. Reeves & Collier, Rex T. Reeves, Merrell Collier, for appellants. Troutman, Sams, Schroder & Lockerman, T. M. Smith, Warren 0. Wheeler, for appellee.

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182 S.E.2d 163, 123 Ga. App. 674, 1971 Ga. App. LEXIS 1343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leach-v-georgia-power-co-gactapp-1971.

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