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Lawskills.com Georgia Caselaw
CARTER et al. v. BISHOP, by next friend.
17869.
DUCKWORTH, Chief Justice.
Action for damages; constitutional question. Before Judge H. E. Nichols, presiding. Whitfield Superior Court. October 3. 1951.
The exception here is to a judgment overruling an amended motion for a new trial in a suit for damages. It is contended that the Supreme Court has jurisdiction, however, because the constitutionality of several rules promulgated by the Public Service Commission is drawn in question by the amended grounds by exception to the charge applying those rules. The Constitution confers upon the Supreme Court jurisdiction to construe the Constitution and to determine the constitutionality of a State law. Constitution of 1945, art. 4, sec. 2, par 4 (Code, Ann., 2-3704). The various classes of the Constitution here involved are plain and unambiguous, hence require no construction but simply applications which the Court of Appeals has jurisdiction to make. Constitution of 1945, art. 4, sec. 2, par. 8 (Code, Ann., 2-3708); Atlanta-Asheville Motor Express v. Superior Garment Mfg. Co., 206 Ga. 882 (59 S. E. 2d, 382), and citations. Furthermore, the rules assailed are not "State laws" in contemplations of the Constitution. Maner v. Dykes, 183 Ga. 118 (187 S. E. 699). The Court of Appeals had jursidcition of this writ of error and it will, accordingly, be transferred to the court.
Mitchell & Mitchell and Kenner & Keener, contra.
Pittman, Hodge & Kinney and R. Carter Pittman, for plaintiffs in error.
ARGUED MAY 12, 1952 -- DECIDED JUNE 9, 1952.
Saturday May 23 04:38 EDT


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