Opinion
15294.
OCTOBER 5, 1945.
Action for damages. Before Judge Edwards. Franklin superior court. June 7, 1945.
G. P. Martin and J. B. G. Logan, for plaintiff.
A. C. Carson and George L. Goode, for defendant.
The Supreme Court does not have jurisdiction to review a judgment sustaining a demurrer to a petition against Franklin County seeking only a judgment, because of personal injuries, in the amount of $20,000. Code, § 2-3005. Nor does the fact that the plaintiff in error excepts to such judgment upon the ground that it offends article 1, section 1, paragraph 2 and article 7, section 6, paragraph 2 of the constitution (Code, §§ 2-102, 2-5402) confer jurisdiction upon the Supreme Court. The exception does not require a construction of the provisions of the constitution, but requires merely an application of such provisions, and the Court of Appeals has jurisdiction. Code, § 2-3009; Wynn v. State, 178 Ga. 193 ( 172 S.E. 565); Head v. Edgar Brothers Co., 187 Ga. 409 ( 200 S.E. 792); Chastain v. Alford, 191 Ga. 677 ( 13 S.E.2d 769).
Transferred to the Court of Appeals. All the Justices concur.