State Highway Department v. Kirchmeyer

Grice, Justice.

This case was originally filed in the Court of Appeals and was transferred by it to this court. However, the only possible basis for jurisdiction of this court is an attack by the condemnee on the constitutionality of a statute of this State, and the record fails to show that such question was passed upon by the trial judge.

The situation here is different from that in Burke v. State, 205 Ga. 520 (54 SE2d 348), relied upon by the condemnee in his motion to transfer the case to this court. In Burke the overruling of the motion containing a constitutional attack was properly held…