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KOHL v. MANNING

24349.

223 Ga. 755 (1967)

158 S.E.2d 375

KOHL et al. v. MANNING et al.

Supreme Court of Georgia.

Decided October 20, 1967.

Rehearing Denied November 9, 1967.

Attorney(s) appearing for the Case

Roy J. Leite, Jr., for appellants.

Davis & Stringer, Robert H. Stringer, George P. Dillard, Herbert O. Edwards, for appellees.

DUCKWORTH, Chief Justice.

Only alleged errors occurring in the lower court may be enumerated in an appeal, and a statute may not be constitutionally attacked for the first time in the enumerations of error so as to give this court jurisdiction of the appeal, the same being merely surplusage and not an enumeration of error. Code Ann. § 6-810 (Ga. L. 1965, pp. 18, 29; pp. 240, 243); Law v. State, 219 Ga. 583 (

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