Walton v. Gormley

Decided January 17, 1935

Supreme Court of Georgia · decided 1935-01-17

Key passage — most relied on by later courts

“Since it appears from the record in this case that the constitutionality of a statute was drawn in question, and that the Supreme Court and not the Court of Appeals has jurisdiction, and since the Court of Appeals erred in retaining jurisdiction of the case, no adjudication will be made as to other questions raised in the petition for certiorari; but the case will be decided upon the original bill of exceptions and record after the Court of Appeals shall have transferred the case to this court as provided by the Constitution.”

quoted by 1 later decision, including Wright v. State

Relies on Mobley v. Rucker

Good law ✅— No negative treatment on recordhow we know

Decided 1935-01-17

How this case has been cited

Cited by 5 later decisions — most recently January 1964

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Russell, Chief Justice.

¶1Since it appears from the record in this case that the constitutionality of a statute was drawn in question, and that the Supreme Court and not the Court of Appeals has jurisdiction, and since the Court of Appeals erred in retaining- jurisdiction of the case, no adjudication will be made as to other questions raised in the petition for certiorari; but the case will be decided upon the original bill of exceptions and record after the Court of Appeals shall have transferred the case to this court as provided by the constitution. Civil Code (1910), § 6502; Mobley v. Rucker, 176 Ga. 178 (167 S. E. 104).

¶2Judgment reversed.

All the Justices concur.