22 Ga. App. 374 | Ga. Ct. App. | 1918
1. Since the adoption of the amendment to section 2 of article 6 of the constitution of this State, ratified November 7, 1916, and proclaimed by the Governor on December 15, 1916, as a part of the constitution, the. Court of Appeals has no jurisdiction of any case that involves a construction of the constitution of the State of Georgia.
2. Under repeated rulings of the Supreme Court, that court will not pass upon a constitutional question not properly raised in the court below. A constitutional question is not properly raised where -no provision of the constitution is specified. Johnston v. Brenau College, 146 Ga. 182 (5), 186 (91 S. E. 85).
3. Under the foregoing rulings the question as to whether the City of Atlanta, under the constitution of this State, could legally enter into the proposed contract set forth in the petition can not be considered by this court; nor can the question be certified to the Supreme Court; nor can the case he transferred to the Supreme Court. '
4. The questidn last referred to being eliminated, the petition- did not set forth a cause of action, and the court did not err in sustaining the general demurrer and dismissing the petition.
Judgment affirmed.