Mason v. Town of Berlin

Full title: MASON v. TOWN OF BERLIN et al

Court: Court of Appeals of Georgia

Date published: Feb 14, 1973

196 S.E.2d 181 (Ga. Ct. App. 1973)

196 S.E.2d 181

Opinion

47789.

ARGUED JANUARY 3, 1973.

DECIDED FEBRUARY 14, 1973.

Action for damages. Colquitt Superior Court. Before Judge Horkan.

Kunes Kunes, G. Gerald Kunes, for appellant. Fallin Kirbo, Thomas L. Kirbo, III, for appellees.

BELL, Chief Judge.

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. Deen and Quillian, JJ., concur.

BELL, Chief Judge.

ARGUED JANUARY 3, 1973 — DECIDED FEBRUARY 14, 1973.