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Cantrell v. Abernathy

Court of Appeals of Georgia
Sep 19, 1969
170 S.E.2d 319 (Ga. Ct. App. 1969)

Opinion

44592.

ARGUED JULY 7, 1969.

DECIDED SEPTEMBER 19, 1969.

Complaint. White Superior Court. Before Judge Blackshear.

John N. Crudup, for appellants.

Maylon K. London, for appellee.


1. Where no transcript of evidence is filed all grounds requiring a consideration of evidence must be affirmed. Cofield v. Johnson, 118 Ga. App. 689 ( 165 S.E.2d 472).

2. The appellants contend that they were deprived of their constitutional right to due process because they were not properly notified of the proceeding and were not given a right to obtain an attorney. There is nothing to show these issues were raised in the lower court.

Constitutional questions cannot be considered by the Court of Appeals or the Supreme Court where it does not appear from the record that they were raised in the trial court. Smith v. Dallas Utility Co., 27 Ga. App. 22 ( 107 S.E. 381); Herrington v. City of Atlanta, 224 Ga. 465 (5) ( 162 S.E.2d 420). There is no merit in the enumeration of errors.

Judgment affirmed. Pannell and Evans, JJ., concur.

ARGUED JULY 7, 1969 — DECIDED SEPTEMBER 19, 1969.


Summaries of

Cantrell v. Abernathy

Court of Appeals of Georgia
Sep 19, 1969
170 S.E.2d 319 (Ga. Ct. App. 1969)
Case details for

Cantrell v. Abernathy

Case Details

Full title:CANTRELL et al. v. ABERNATHY

Court:Court of Appeals of Georgia

Date published: Sep 19, 1969

Citations

170 S.E.2d 319 (Ga. Ct. App. 1969)
120 Ga. App. 318

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