24 S.E.2d 676 | Ga. | 1943
The record in this case does not show that any question was made which would give this court jurisdiction to review, but shows a case within the jurisdiction of the Court of Appeals.
In ground two of his appeal it is asserted that the "order or decree" of the Industrial Board was contrary to law, for variously enumerated reasons, one of which is stated as follows: "The statute as construed by the director and directors is unconstitutional, in that it is not construed in the light of due process in procedure, and violates the following constitutional provisions of the State of Georgia and of the United States." Although it is noted that in the appeal the word "statute" is used, the particular provision of the statute is not pointed out or in any way referred to. At another place in the appeal we find Code § 114-710 referred to; but obviously this could not be the section under attack, since it refers to appeals from the findings of the Industrial Board to the superior court. Our court has frequently pointed out that in making a challenge of the validity of a State statute the portion of the statute which it is contended violates the constitution must be clearly stated, the particular provisions which it is claimed are violated must be stated, and it must be further stated wherein and how such provisions are violated. Abel v. State,
"Jurisdiction is not vested in the Supreme Court merely because it is contended that an action or judgment is or would be contrary to some provision of the constitution." City ofWaycross v. Harrell; Head v. Edgar Bros., supra. There being no other basis to give this court jurisdiction to review the questions made, the case is accordingly
Transferred to the Court of Appeals. All the Justicesconcur.