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199 Ga. 835

35 S.E.2d 455

Ayers v. Franklin County

Supreme Court of Georgia

Decided October 5, 1945

Supreme Court of Georgia · decided 1945-10-05

Relies on Head v. Edgar Bros. · Chastain v. Alford · Wynn v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1945-10-05

How this case has been cited

Cited by 6 later decisions — most recently April 1971

6 state decisions

301945195019601970decided

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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Duckworth, Justice.

¶1 The Supreme Court does not have jurisdiction to review a judgment sustaining a demurrer to a petition against Franklin County seeking only a judgment, because of personal injuries, in the amount of $20,000. Code, § 2-3005. Nor does the fact that the plaintiff in error excepts to such judgment upon the ground that it offends article 1, section 1, paragraph 2 and article 7, section 6, paragraph 2 of the constitution (Code, §§ 2-102, 2-5402) confer jurisdiction upon the Supreme Court. The exception does not require a construction of the provisions of the constitution, but requires merely an application of such provisions, and the Court of Appeals has jurisdiction. Code, § 2-3009; Wynn v. State, 178 Ga. 193 (172 S. E. 565); Head v. Edgar Brothers Co., 187 Ga. 409 (200 S. E. 792); Chastain v. Alford, 191 Ga. 677 (13 S. E. 2d, 769).

¶2 Transferred to the Court of Appeals.

All the Justices concur.
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