DocketNumber: 17591
Citation Numbers: 67 S.E.2d 111, 208 Ga. 392, 1951 Ga. LEXIS 369
Judges: Duckworth
Filed Date: 10/9/1951
Status: Precedential
Modified Date: 11/7/2024
Supreme Court of Georgia.
James Barrow, for plaintiffs in error.
Eugene Epting and Erwin, Nix, Birchmore & Epting, contra.
DUCKWORTH, Chief Justice.
This is an action to recover damages for taking and injuring private property for public use. The Supreme Court is without jurisdiction. Code (Ann.), §§ 2-3704, 2-3708 (Constitution of Georgia; Ga. L. 1945, pp. 43, 44). The mere fact that the Constitution, art. 1, sec. 3, par. 1 (Code, Ann., § 2-301; Ga. L. 1945, p. 13), forbids such injury to or taking of private property without just and adequate compensation being first paid therefor in nowise makes a constitutional question for decision by this court.
Transferred to the Court of Appeals. All the Justices concur.