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120 Ga. App. 318

170 S.E.2d 319

Cantrell v. Abernathy

Court of Appeals of Georgia

Decided September 19, 1969

Court of Appeals of Georgia · decided 1969-09-19

Cited by 3 later decisions — most recently April 1982

3 state decisions

Relies on 27 Ga. App. 22 - Smith v. Dallas Utility Co. · Herrington v. City of Atlanta · Cofield v. Johnson

Good law ✅— No negative treatment on recordhow we know

Decided 1969-09-19

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Quillian, Judge.

¶1 1. Where no transcript of evidence is filed all grounds requiring a consideration of evidence must be affirmed. Cofield v. Johnson, 118 Ga. App. 689 (165 SE2d 472).

¶2 2. The appellants contend that they were deprived of their constitutional right to due process because they were not properly notified of the proceeding and were not given a right to obtain an attorney. There is nothing to show these issues were raised in the lower court.

¶3 Constitutional questions cannot be considered by the Court of Appeals or the Supreme Court where it does not appear from the record that they were raised in the trial court. Smith v. Dallas Utility Co., 27 Ga. App. 22 (107 SE 381); Herrington v. City of Atlanta, 224 Ga. 465 (5) (162 SE2d 420). There is no merit in the enumeration of errors.

¶4 Judgment affirmed.

Pannell and Evans, JJ., concur.
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