Mason v. Town of Berlin, 47789
| Decision Date | 14 February 1973 |
| Docket Number | No. 1,No. 47789,47789,1 |
| Citation | 196 S.E.2d 181,128 Ga.App. 177 |
| Parties | Elbert MASON v. TOWN OF BERLIN et al |
| Court | Georgia Court of Appeals |
Kunes & Kunes, G. Gerald Kunes, Tifton, for appellant.
Fallin & Kirbo, Thomas L. Kirbo, III, Moultrie, for appellees.
Syllabus Opinion by the Court
Only the Supreme Court has jurisdiction in a case where the constitutionality of any law of the state is challenged. Code Ann. § 2-3704. In order to invoke the jurisdiction of the Supreme Court the constitutional question must be properly raised before and passed on by the trial court. Walker v. Hall, 226 Ga. 68, 172 S.E.2d 411. Here all the enumerations of error and argument concern the constitutionality of Code § 69-301, which issues were not raised or ruled on by the trial judge. Thus, this court has jurisdiction of this appeal but since no issue for decision has been presented we have no alternative but to affirm the judgment dismissing the complaint on the grounds of immunity.
Judgment affirmed.
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...order to invoke the jurisdiction of the Supreme Court. Accordingly, this court has jurisdiction of the appeal. Mason v. Town of Berlin, 128 Ga.App. 177, 196 S.E.2d 181 (1973). The constitutionality of OCGA § 51-4-2 is thus presumed, see Corvair Furniture Mfg. Co. v. Bull, 125 Ga.App. 141, 1......
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Meyberg v. Dodson
...of the probability of harm to entrants, as has been done in various jurisdictions and as is urged by the appellant. Mason v. Town of Berlin, 128 Ga.App. 177, 196 S.E.2d 181 and Judgment affirmed. BELL, C.J., DEEN, P.J., and CLARK, WEBB and MARSHALL, JJ., concur. PANNELL, P.J., QUILLIAN and ......
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Rautenstrauch v. State, 48153
...This issue was not raised or ruled on in the lower court and cannot be decided by this court or the Supreme Court. Mason v. Town of Berlin, 128 Ga.App. 177, 196 S.E.2d 181. All other grounds of the demurrers have no merit and they were properly 3. Augusta police officers, during the nightti......
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