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Lawskills.com Georgia Caselaw
PHILLIPS v. NATIONAL-BEN FRANKLIN INSURANCE COMPANY et al.
46114.
PANNELL, Judge.
Declaratory judgment; constitutional question. DeKalb Superior Court. Before Judge Peeler.
The amended answer of the appellant filed in the action of the appellee for declaratory judgment and for injunction against the appellant's further proceeding with an action of tort contained an attack on the constitutionality of the language pertaining to the grant of an injunction in Ga. L. 1945, p. 137 and Ga. L. 1959, pp. 236, 237 (Code Ann. 110-1102). Accordingly, the Supreme Court of this State has jurisdiction of the appeal in the present case rather than the Court of Appeals. Art. VI, Sec. II, Par. IV of the Constitution of the State of Georgia (Code Ann. 2-3704).
Swift, Carrie, McGhee & Hiers, George W. Hart, Orr & Joyner, John C. Joyner, for appellees.
Frank M. Eldridge, for appellant.
ARGUED APRIL 5, 1971 -- DECIDED JULY 7, 1971.
Friday May 22 16:09 EDT


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