Elson's Book Store v. Buice

Full title: ELSON'S BOOK STORE et al. v. BUICE

Court: Supreme Court of Georgia

Date published: Jan 8, 1971

179 S.E.2d 250 (Ga. 1971)

179 S.E.2d 250

Opinion

26042.

ARGUED SEPTEMBER 16, 1970.

DECIDED JANUARY 8, 1971. REHEARING DENIED JANUARY 21, 1971.

Workmen's compensation. Cobb Superior Court. Before Judge Hames.

Neely, Freeman Hawkins, Edgar A. Neely, Jr., for appellants.

Talmadge H. Woodman, for appellee.

HAWES, Justice.

This is an appeal from the judgment and decision of the superior court rendered on appeal from the State Board of Workmen's Compensation. Jurisdiction of the appeal in this court is asserted solely by reason of a question raised as to the constitutionality of a provision of the Workmen's Compensation Act. Appellant admits that this question was not raised until the case was before the superior court. Under repeated rulings of this court, the constitutional question was not timely raised so as to confer jurisdiction of the appeal upon the Supreme Court. Burnett v. Burnett, 209 Ga. 353 (1) ( 72 S.E.2d 459) and cits.; Hammock v. Davidson Granite Co., 218 Ga. 622 ( 129 S.E.2d 797); Bennett Plumbing Co. v. Lovins, 226 Ga. 544 ( 175 S.E.2d 834).

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

ARGUED SEPTEMBER 16, 1970 — DECIDED JANUARY 8, 1971. — REHEARING DENIED JANUARY 21, 1971.