Simmons v. Gordon

Decision Date19 February 1970
Docket NumberNo. 25596,25596
Citation173 S.E.2d 223,226 Ga. 162
PartiesRobert W. SIMMONS v. J. Clyde GORDON.
CourtGeorgia Supreme Court

Bouhan, Williams & Levy, Frank W. Seiler, Charles H. Wessels, Walter C. Hartridge, II, Savannah, for appellant.

Richard D. Phillips, Ludowici, for appellee.

Hitch, Miller, Beckmann & Simpson, Savannah, for parties at interest not parties to record.

Syllabus Opinion by the Court

NICHOLS, Justice.

The present appeal is from a judgment overruling a challenge to the jury array of Long County in which the Act of 1962 (Ga.L.1962, p. 6) amending Code § 59-101 was attacked as being unconstitutional. A certificate of immediate review was signed by the trial court. While the case was pending in this court the General Assembly repealed the Act attacked as being unconstitutional (Ga.L.1970, p. 10), and the sole issue in the appeal before this court is rendered moot. The appeal must be dismissed.

Appeal dismissed.

All the Justices concur.

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4 cases
  • Simmons v. Jones
    • United States
    • U.S. District Court — Southern District of Georgia
    • 1 Octubre 1970
    ...the Supreme Court dismissed the appeal on the ground that the repeal of the law rendered the only issue in the case moot. Simmons v. Gordon, 226 Ga. 162, 173 S.E.2d 223.3 Following the repeal of the 1962 Act, Judge Caswell appointed new commissioners. They met on February 14, 1970. After be......
  • Corvair Furniture Mfg. Co. v. Bull
    • United States
    • Georgia Court of Appeals
    • 16 Noviembre 1971
    ...WHITMAN, J., not participating. 1 Repealed by Ga.L.1970, p. 10.2 Constitutionality of the Act of 1962 was challenged in Simmons v. Gordon, 226 Ga. 162, 173 S.E.2d 223, but when the Act was repealed by Ga.L.1970, p. 10, the appeal was dismissed for mootness.3 Mrs. Dunham was voluntarily stri......
  • Simmons v. Jones, 71-1092.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 14 Mayo 1973
    ...the Supreme Court of Georgia dismissed the appeal from the Long County Superior Court on the ground of mootness. Simmons v. Gordon, 1970, 226 Ga. 162, 173 S.E.2d 223. The state damage action was rescheduled for trial at the August, 1970, term of the Long County Superior Court. Before the ca......
  • Lee v. State
    • United States
    • Georgia Supreme Court
    • 19 Febrero 1970
    ... ... William Barton, Dist. Atty., Augusta, Arthur K. Bolton, Atty. Gen., Atlanta, Harold N. Hill, Jr., Exec. Asst. Atty. Gen., Marion O. Gordon, Asst. Atty. Gen., Larry H. Evans, for appellee ... Syllabus Opinion by the Court ...         [226 Ga. 162] FELTON, Justice ... ...

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