Barlow v. Story

Deen, Judge.

1. Where not the construction of the Constitution, but only the application of unquestioned and unambiguous provisions thereof is involved, this court should decide the question. Sutiles v. Hill Crest Cemetery, Inc., 209 Ga. 160 (71 SE2d 217). And in the event of a conflict between constitutional and statutory provisions, the former must prevail. Wallis v. McMurray, 91 Ga. App. 549 (3) (86 SE2d 529). Constitutional provisions as interpreted by the Supreme Court are of course binding on this court. Gormley v. Walton, 47 Ga. App. 466 (170 SE 706).

2. Under constitutional provisions…