Woodside v. City of Atlanta

Wyatt, Presiding Justice,

dissenting. 1. I can not agree with the opinion of the majority for the reasons hereinafter set out. In the instant case, if this court has jurisdiction, it is solely because the motion to dismiss the appeal either requires the construction of some provision of the Constitution of the State of Georgia or draws into question the constitutionality of some act or provision of some act of the General Assembly of Georgia. Code (Ann.) § 2-3704. The pertinent portions of the motion to dismiss the appeal, in which it is contended that a constitutional question within the…