Howell v. State
Supreme Court of Georgia
The Court of Appeals certified the following question (in Case No. 13530) : tc Is the ruling in Water Power & Mining Co. v. Arnold, 149 Ga. 107 (which was a case properly brought to the Supreme Court and pending in that court at the time of the adoption of the constitutional amendment of 1916), that ‘a writ of error in a case carried to the Supreme Court, which belongs to the class of cases of which the Court of Appeals, under the constitution,' has jurisdiction, is not…
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The Court of Appeals certified the following question (in Case No. 13530) : tc Is the ruling in Water Power & Mining Co. v. Arnold, 149 Ga. 107 (which was a case properly brought to the Supreme Court and pending in that court at the time of the adoption of the constitutional amendment of 1916), that ‘a writ of error in a case carried to the Supreme Court, which belongs to the class of cases of which the Court of Appeals, under the constitution,' has jurisdiction, is not brought to the Court of Appeals until the Supreme Court has determined the question of jurisdiction- and has ordered a…
1Opinion of the CourtGilbert, J.
The constitution of the State of Georgia, article 6, sec. 2, par. 6 (Civil Code of 1910, § 6503), provides as follows:
*426“The Supreme Court shall dispose of every case at the first or second term after such writ of error is brought; and in ease the plaintiff in error shall not be prepared at the first term to prosecute the case — unless prevented by providential cause,— it shall be stricken from the docket, and the judgment below shall stand affirmed.” This provision now applies as well to the Court of Appeals. The question propounded by the Court of Appeals renders it necessary to decide when a…
2Cited by2 opinions
- Atlantic Coast Line Railroad v. Georgia Sweet Potato Growers Ass'nSupreme Court of Georgia · 1930
- Howell v. StateCourt of Appeals of Georgia · 1922