COMMONWEALTH INVESTMENT CO. v. FRYE

22117.

219 Ga. 498 (1963)

134 S.E.2d 39

COMMONWEALTH INVESTMENT COMPANY v. FRYE.

Supreme Court of Georgia.

Decided November 7, 1963.

Rehearing Denied November 19 And November 21, 1963.


Attorney(s) appearing for the Case

Alston, Miller & Gaines, Lloyd T. Whitaker, Michael A. Doyle, for plaintiff in error.

W. Dan Greer, Buchanan, Edenfield & Sizemore, contra.


DUCKWORTH, Chief Justice.

The arguments in this case cause us to feel that an emphatic statement should be made by this court that the legislature, and not the courts, is empowered by the Constitution to decide public policy, and to implement that policy by enacting laws; and the courts are bound to follow such laws if constitutional. With this fundamental principle thus stated, we look to the legislation, Code § 3-807, to see whether the limitation statute...

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