STATE HIGHWAY DEPARTMENT v. KIRCHMEYER

23405.

222 Ga. 79 (1966)

148 S.E.2d 387

STATE HIGHWAY DEPARTMENT v. KIRCHMEYER et al.

Supreme Court of Georgia.

Decided April 19, 1966.


Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Richard L. Chambers, Assistant Attorney General, F. H. Boney, Deputy Assistant Attorney General, for appellant.

Cook & Palmour, A. Cecil Palmour, for appellees.


GRICE, Justice.

This case was originally filed in the Court of Appeals and was transferred by it to this court. However, the only possible basis for jurisdiction of this court is an attack by the condemnee on the constitutionality of a statute of this State, and the record fails to show that such question was passed upon by the trial judge.

The situation here is different from that in Burke v. State, 205 Ga. 520 (54 S.E.2d 348), relied upon by the condemnee...

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