24 S.E.2d 675 | Ga. | 1943
Jurisdiction of writ of error is in the Court of Appeals, not in the Supreme Court, on exception to overruling of demurrer presenting the contention that the laws of Georgia, and not those of Illinois, govern in a suit by the receiver, appointed by an Illinois court, of a mutual insurance company, to recover of a resident of Georgia the amount of an assessment under a policy held by the defendant; and that to hold him bound by the Illinois proceedings would deprive him of his property without due process of law, in violation of the Federal and State constitutions.
"The Supreme Court shall have jurisdiction `in all cases that involve the construction of the constitution of the State of Georgia or of the United States,' and `in all cases in which the constitutionality of any law of the State of Georgia or of the United States is drawn in question.' Art. 6, sec. 2, par. 5; Code, § 2-3005. *561
`The Court of Appeals has jurisdiction to decide questions of law that involve application, in a general sense, of unquestioned and unambiguous provisions of the constitution to a given state of facts, and that do not involve construction of some constitutional provision directly in question and doubtful either under its own terms or under the decisions of the Supreme Court of the State or of the United States, and that do not involve the constitutionality of any law of the State or of the United States or any treaty.' Gulf Paving Co. v. Atlanta,
Transferred to the Court of Appeals. All the Justicesconcur. *562