Legal Opinion · Dissent

Blackburn v. Hall

Court of Appeals of Georgia

Decided January 25, 1967No. 42585Published

1DissentDben, Judge

I differ with the majority opinion for two reasons:

The appeal in this case is from the overruling of a general demurrer to a petition seeking to contest the result of a political election. Under the Election Code (Ga. L. 1964, Ex. Sess. p. 26, Code Ann. § 34-1709) it is provided only: “An appeal from the final determination of the court may be taken within 10 days from the rendition thereof to the Supreme Court or Court of Appeals as in other civil cases.” The word “other” of course refers to the creation of the new statutory right of appeal to an appellate judicial tribunal, not to the time…

2Cases cited14 opinions

  1. State Ex Rel. Bumgardner v. MillsWest Virginia Supreme Court · 1949
  2. Humthlett v. ReevesSupreme Court of Georgia · 1954
  3. Wickersham v. State Election BoardSupreme Court of Oklahoma · 1960
  4. Harris v. SheffieldSupreme Court of Georgia · 1907
  5. Undercofler v. Grantham Transfer Co.Supreme Court of Georgia · 1966

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