Legal Opinion

Wiggins v. City of MacOn

Supreme Court of Georgia

Decided September 24, 1968No. 24762PublishedCited by 10 opinions

1Opinion of the Court

Undercofler, Justice.

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 SE2d 776); Kohl v. Manning, 223 Ga. 755 (158 SE2d 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…

2Cases cited7 opinions

  1. Gulf Paving Co. v. City of AtlantaSupreme Court of Georgia · 1919
  2. Dade County v. State of GeorgiaSupreme Court of Georgia · 1946
  3. Wilson v. STATE HIGHWAY DEPARTMENT OF GEORGIASupreme Court of Georgia · 1951
  4. Kohl v. ManningSupreme Court of Georgia · 1967
  5. Law v. StateSupreme Court of Georgia · 1964

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Bourn v. HerringSupreme Court of Georgia · 1969
  2. Graham v. TallentSupreme Court of Georgia · 1975
  3. Wiggins v. City of MacOnCourt of Appeals of Georgia · 1969
  4. Camp v. MartinCourt of Appeals of Georgia · 1979
  5. Howle v. Personnel Board of AppealsSupreme Court of Georgia · 1970

5 more not listed; retrieve them via the Exa API.

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