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Hammock v. Davidson Granite Company

Supreme Court of Georgia
Feb 7, 1963
129 S.E.2d 797 (Ga. 1963)

Opinion

21926.

ARGUED JANUARY 17, 1963.

DECIDED FEBRUARY 7, 1963.

Workmen's compensation. DeKalb Superior Court. Before Judge Guess.

Herschel H. Hutchins, for plaintiff in error.

Gambrell, Harlan, Russell, Moye Richardson, James C. Hill, Edward W. Killorin, contra.


A motion has been made to transfer this case to the Court of Appeals on the ground that that court and not the Supreme Court has jurisdiction thereof. The motion is meritorious and must be sustained under the unanimous ruling of this court in Taylor v. Smith, 211 Ga. 5 ( 83 S.E.2d 602). In that case, as in this one, it was stated in the bill of exceptions that the Supreme Court had jurisdiction to review the case because it involved a constitutional question — a question respecting the validity of the compensation act which the attacking party attempted to make for the first time in the superior court on the hearing of an appeal from a judgment rendered by the State Board of Workmen's Compensation. It was there held that the constitutional question was not timely raised and for that reason could not be decided. See also Burnett v. Burnett, 209 Ga. 353 ( 72 S.E.2d 459), and the cases there cited. Accordingly, the case is

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

ARGUED JANUARY 17, 1963 — DECIDED FEBRUARY 7, 1963.


Summaries of

Hammock v. Davidson Granite Company

Supreme Court of Georgia
Feb 7, 1963
129 S.E.2d 797 (Ga. 1963)
Case details for

Hammock v. Davidson Granite Company

Case Details

Full title:HAMMOCK v. DAVIDSON GRANITE COMPANY et al

Court:Supreme Court of Georgia

Date published: Feb 7, 1963

Citations

129 S.E.2d 797 (Ga. 1963)
129 S.E.2d 797

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