Herrington v. City of Atlanta

2 Citing cases

  1. Ford v. Herbermann

    183 S.E.2d 204 (Ga. 1971)   Cited 3 times

    Accordingly, the enumeration of error respecting the constitutionality of Sec. 65 (c) of the Civil Practice Act presents nothing for this court to decide. State Hwy. Dept. v. Kirchmeyer, 222 Ga. 79 ( 148 S.E.2d 387); Herrington v. City of Atlanta, 224 Ga. 465 (5) ( 162 S.E.2d 420); Herring v. R. L. Mathis Certified Dairy Co., 225 Ga. 653 ( 171 S.E.2d 124). All issues respecting the receivership and injunction having been eliminated and there being no other equitable feature in the case, the case is not one within the jurisdiction of this court and the same must be transferred to the Court of Appeals.

  2. Cantrell v. Abernathy

    170 S.E.2d 319 (Ga. Ct. App. 1969)   Cited 3 times

    Constitutional questions cannot be considered by the Court of Appeals or the Supreme Court where it does not appear from the record that they were raised in the trial court. Smith v. Dallas Utility Co., 27 Ga. App. 22 ( 107 S.E. 381); Herrington v. City of Atlanta, 224 Ga. 465 (5) ( 162 S.E.2d 420). There is no merit in the enumeration of errors. Judgment affirmed. Pannell and Evans, JJ., concur.