Leach v. Georgia Power Company

Full title: LEACH et al. v. GEORGIA POWER COMPANY

Court: Court of Appeals of Georgia

Date published: Apr 21, 1971

182 S.E.2d 163 (Ga. Ct. App. 1971)

182 S.E.2d 163

Opinion

46108.

ARGUED APRIL 7, 1971.

DECIDED APRIL 21, 1971.

Mandamus. Fulton Superior Court. Before Judge Etheridge.

Reeves Collier, Rex T. Reeves, Merrell Collier, for appellants.

Troutman, Sams, Schroder Lockerman, T. M. Smith, Warren O. Wheeler, for appellee.

EVANS, Judge.

Examination of the record and the enumeration of errors in this case shows that during the proceedings under the Special Master Act for condemnation in rem the condemnees filed an ancillary petition for mandamus against the Special Master, praying for a mandamus nisi and for a mandamus absolute, which was dismissed as shown in the final judgment here under review. The appellants in one of their 26 specifications of error complain of the dismissal of the petition for mandamus.

This case is transferred to the Supreme Court of Georgia as required by the Constitution of 1945 ( Code Ann. § 2-3704; Art. VI, Sec. II, Par. IV), in that that court has jurisdiction on appeal "in all cases involving extraordinary remedies." The Court of Appeals therefore does not have jurisdiction to review this case under Art. VI, Sec. II, Par. VIII (Constitution of 1945; Code Ann. § 2-3708). Spence v. Miller, 176 Ga. 96, 99 ( 167 S.E. 188); James v. State, 120 Ga. App. 317 ( 170 S.E.2d 303); James v. State, 225 Ga. 809 ( 171 S.E.2d 533).

Transferred to the Supreme Court. Jordan, P. J., and Quillian, J., concur.

ARGUED APRIL 7, 1971 — DECIDED APRIL 21, 1971.