Legal Opinion

Kohl v. Manning

Supreme Court of Georgia

Decided October 20, 1967No. 24349PublishedCited by 5 opinions

1Opinion of the Court

Duckworth, Chief Justice.

Only alleged errors occurring in the lower court may be enumerated in an appeal, and a statute may not be constitutionally- attacked for the first time in the enumerations of error so as to give this court jurisdiction of tne appeal, the same being merely surplusage and not an enumeration of error. Code Ann. § 6-810 (Ga. L. 1965, pp. 18, 29; pp. 240, 243); Law v. State, 219 Ga. 583 (134 SE2d 776), and cases cited therein. The case being one to review the dismissal and motion to reconsider the dismissal of the petition for certiorari which was denied and which…

2Cases cited4 opinions

  1. Gulf Paving Co. v. City of AtlantaSupreme Court of Georgia · 1919
  2. Felker v. StillSupreme Court of Georgia · 1933
  3. Law v. StateSupreme Court of Georgia · 1964
  4. Walther v. WaltherSupreme Court of Georgia · 1964

3Cited by5 opinions

  1. Phillips v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1970
  2. Roberts v. FarmerCourt of Appeals of Georgia · 1972
  3. Wiggins v. City of MacOnSupreme Court of Georgia · 1968
  4. Kohl v. ManningSupreme Court of Georgia · 1967
  5. Kohl v. ManningCourt of Appeals of Georgia · 1968

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