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Clark v. Liberty Loan Corporation

Supreme Court of Georgia
May 9, 1967
155 S.E.2d 19 (Ga. 1967)

Opinion

24066.

ARGUED MAY 8, 1967.

DECIDED MAY 9, 1967.

Action on note. Gordon Superior Court. Before Judge Davis.

John D. Edge, for appellants.

McDonald, Longley, McDonald McDonald, Ernest McDonald, Hansell, Post, Brandon Dorsey, Allen Post, J. William Gibson, for appellee.


In a suit to recover upon a note the defendants' answer sought to attack the constitutionality of "the Georgia Industrial Loan Act of 1955" (Ga. L. 1955, p. 431, as amended). However, none of the numerous grounds of attack meets the test long recognized by this court, that "to raise a question as to the constitutionality of a law, the statute which the party asserts to contravene the Constitution and the provisions of the Constitution alleged to have been violated must be clearly identified, and it must be shown wherein the statute violates such constitutional provisions . . . [Citations]." Tomlinson v. Sadler, 214 Ga. 671, 673 ( 107 S.E.2d 215). The references to the federal and state constitutions and how they are violated by such statute are too vague and general. There being no other basis for this court's jurisdiction under the state Constitution ( Code Ann. § 2-3704), the case must be transferred to the Court of Appeals.

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

ARGUED MAY 8, 1967 — DECIDED MAY 9, 1967.


Summaries of

Clark v. Liberty Loan Corporation

Supreme Court of Georgia
May 9, 1967
155 S.E.2d 19 (Ga. 1967)
Case details for

Clark v. Liberty Loan Corporation

Case Details

Full title:CLARK et al. v. LIBERTY LOAN CORPORATION

Court:Supreme Court of Georgia

Date published: May 9, 1967

Citations

155 S.E.2d 19 (Ga. 1967)
155 S.E.2d 19

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