Smith v. Mayor C. of MacOn

Court of Appeals of Georgia

Smith v. Mayor C. of MacOn

42 S.E.2d 569, 75 Ga. App. 136, 1947 Ga. App. LEXIS 495

CourtCourt of Appeals of Georgia

DecidedMay 2, 1947

Docket31320.

StatusPublished

This text of 42 S.E.2d 569 (Smith v. Mayor C. of MacOn) 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.

Bluebook

Smith v. Mayor C. of MacOn, 42 S.E.2d 569, 75 Ga. App. 136, 1947 Ga. App. LEXIS 495 (Ga. Ct. App. 1947).

Pincite

Opinion

MacIntyre, P. J.

1. This Court certified five questions to the Supreme Court. Because the answer to the second question was controlling, the remaining questions were not answered.

2. The headnotes of the Supreme Court’s decision read as follows': “1. A question of constitutional law not raised at the trial, but presented first in a petition to the superior court for a certiorari, is not properly-presented for decision on a writ of error. 2. A negative answer to question No. 2 obviates the necessity of answering the other questions submitted.”

3. For the full decision of the Supreme Court, see Smith v. Macon, 202 Ga..... (42 S. E. 2d, 128) decided February 5, 1947.

4. Under the ruling of the Supreme Court and the facts set forth in the petition for certiorari, the judge of the superior court did not err in ruling “that the defendant’s demurrer be sustained and the petition dismissed.”

Judgment aijjirmed.

Gardner and Townsend, JJ., concur.

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