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State Highway Department v. Hightower

Supreme Court of Georgia
Nov 21, 1961
123 S.E.2d 114 (Ga. 1961)

Opinion

21450.

ARGUED NOVEMBER 13, 1961.

DECIDED NOVEMBER 21, 1961.

Condemnation. Gwinnett Superior Court. Before Judge Pittard.

Eugene Cook, Attorney-General, Carter Goode, E. J. Summerour, Paul Miller, Assistant Attorneys-General, Dudley S. Hancock, for plaintiff in error.

Webb Fowler, Jones Webb, contra.


The error complained of being the sustaining of a general demurrer to the petition for condemnation, and the question involved requiring the mere application of an unambiguous provision of the Georgia Constitution, the Supreme Court is without jurisdiction. Mayor c. of Athens v. Gamma Delta Chapter House Corp., 208 Ga. 392 ( 67 S.E.2d 111); Dade County v. State of Ga., 201 Ga. 241 ( 39 S.E.2d 473). The case is, therefore,

Transferred to the Court of Appeals. All the Justices concur.

ARGUED NOVEMBER 13, 1961 — DECIDED NOVEMBER 21, 1961.


Summaries of

State Highway Department v. Hightower

Supreme Court of Georgia
Nov 21, 1961
123 S.E.2d 114 (Ga. 1961)
Case details for

State Highway Department v. Hightower

Case Details

Full title:STATE HIGHWAY DEPARTMENT v. HIGHTOWER

Court:Supreme Court of Georgia

Date published: Nov 21, 1961

Citations

123 S.E.2d 114 (Ga. 1961)
217 Ga. 476