Fife v. Johnston

Duckworth, Chief Justice.

In considering the constitutional attack on Code Ann. § 6-701, we find that the right of appeal is not absolute, but is one based upon the conditions imposed by the General Assembly for bringing cases to the appellate courts. The Constitution (Code Ann. § 2-3704) vests in the General Assembly the power to “prescribe conditions as to the right of a party litigant to have his case reviewed by the Supreme Court or Court of Appeals.” Whether wise or unwise, as long as the Act does not offend the Constitution, courts must abide by it. Thus the Constitution gives the…