Opinion
25739.
ARGUED APRIL 14, 1970.
DECIDED APRIL 23, 1970.
Condemnation of land. Fulton Superior Court. Before Judge Alverson.
J. P. Shelton, pro se. King Spalding, R. William Ide, for appellee.
This is an appeal from a judgment on a jury verdict in a condemnation case. Jurisdiction is claimed to be in the Supreme Court under an enumeration of error calling for a "construction" of the Constitution and under an enumeration of error raising the constitutionality of a local "superior court rule."
1. The question calling for a "construction" of the Georgia Constitution was held in Bowers v. Fulton County, 225 Ga. 745 ( 171 S.E.2d 308) to present a question as to application only of the Georgia Constitution.
2. A "rule of the Superior Court of Fulton County" is not a "law of the State of Georgia" within the meaning of the constitutional provision defining the jurisdiction of the Supreme Court and the Court of Appeals. Compare Maner v. Dykes, 183 Ga. 118 ( 187 S.E. 699); Carter v. Bishop, 209 Ga. 146 ( 71 S.E.2d 216), and citations. Accordingly, the Court of Appeals and not the Supreme Court has jurisdiction of the appeal in the instant case.
Transferred to the Court of Appeals. All the Justices concur, except Undercofler, J., who dissents.
ARGUED APRIL 14, 1970 — DECIDED APRIL 23, 1970.
The question raised here is whether the constitutional provision requiring just and adequate compensation in condemnation cases ( Code Ann. § 2-301) includes the payment of attorney fees. This is the same question that was raised in Bowers v. Fulton County, 225 Ga. 745, supra, and I reiterate my dissent.