Opinion
24762.
ARGUED SEPTEMBER 9, 1968.
DECIDED SEPTEMBER 24, 1968.
Condemnation of land. Bibb Superior Court. Before Judge Culpepper.
Tully M. Bond, Jr., for appellants.
Shi Raley, F. Robert Raley, for appellee.
Only alleged errors occurring in the lower court may be enumerated in an appeal, and a statute may not be attacked for the first time as unconstitutional in an enumeration of error so as to give this court jurisdiction of the appeal, the same being merely surplusage and not an enumeration of error. Law v. State, 219 Ga. 583 ( 134 S.E.2d 776); Kohl v. Manning, 223 Ga. 755 ( 158 S.E.2d 375).
The Court of Appeals has jurisdiction to decide the other questions of law that involve the application, in a general sense, of unquestioned and unambiguous provisions of the Constitution to a given state of facts and that do not involve construction of some constitutional provision directly in question and doubtful either under its own terms or under the decisions of the Supreme Court of Georgia or the Supreme Court of the United States. Gulf Paving Co. v. City of Atlanta, 149 Ga. 114 ( 99 S.E. 374); Dade County v. State of Ga., 201 Ga. 241, 244 (2) ( 39 S.E.2d 473).
A proceeding to condemn land does not present a case respecting title to land so as to vest jurisdiction in the Supreme Court. Stewart v. Bd. of Commrs. of Echols County, 192 Ga. 139 (1) ( 14 S.E.2d 728); Wilson v. State Hwy. Dept., 208 Ga. 510 ( 67 S.E.2d 578); Housing Authority of City of Calhoun v. Spink, 210 Ga. 718 ( 82 S.E.2d 502). Since no basis for equitable relief is shown and this court does not otherwise have jurisdiction of this case, it is
Transferred to the Court of Appeals. All the Justices concur.