State Highway Department v. Hicks

Full title: STATE HIGHWAY DEPARTMENT v. HICKS et al

Court: Supreme Court of Georgia

Date published: Jun 22, 1967

156 S.E.2d 74 (Ga. 1967)

156 S.E.2d 74

Opinion

24147.

ARGUED JUNE 14, 1967.

DECIDED JUNE 22, 1967.

Condemnation. DeKalb Superior Court. Before Judge Peeler.

George P. Dillard, Herbert O. Edwards, Robert E. Mozley, for appellant.

E. H. Stanford, Zachary Hunter, William E. Zachary, John C. Hunter, for appellee.

UNDERCOFLER, Justice.

This case involves an amendment to the Appellate Practice Act dated March 30, 1967, and was transferred to this court by the Court of Appeals for the reason that "Our research of this problem leads to the conclusion that a constitutional question is raised by the attack on the amendment for lack of an enacting clause." State Hwy. Dept. v. Hicks, 115 Ga. App. 703. After the case was transferred here, the invalidity of the amendment was decided in Joiner v. State, 223 Ga. 367, without considering the constitutional issue. Accordingly, it not appearing that this court has jurisdiction otherwise, the case is

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

ARGUED JUNE 14, 1967 — DECIDED JUNE 22, 1967.