Constitution of the State of Georgia

Article XI. MISCELLANEOUS PROVISIONS · Article XI. MISCELLANEOUS PROVISIONS · Section I. MISCELLANEOUS PROVISIONS

Art. XI, Sec. I, Para. III. Proceedings of courts and administrative tribunals confirmed.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

All judgments, decrees, orders, and other proceedings of the several courts and administrative tribunals of this state, heretofore made within the limits of their several jurisdictions, are hereby ratified and affirmed, subject only to reversal or modification in the manner provided by law.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Other notes

1976 Constitution.: Art. XI, Sec. I, Para. V.
Purpose of paragraph.: The purpose of this paragraph was to protect rights acquired pursuant to prior decisions of a court under the Constitution of 1877. Wright v. Lester, 218 Ga. 31, 126 S.E.2d 419 (1962) (see Ga. Const. 1983, Art. XI, Sec. I, Para. III).
Approval of prior court decisions.: — This provision of the Constitution approved prior court decisions and gave them the force of law in this state, whatever the rule in Blackstone’s day might have been. Wright v. Lester, 218 Ga. 31, 126 S.E.2d 419 (1962) (see Ga. Const. 1983, Art. XI, Sec. I, Para. III).
‘‘Freezing’’ judicial decisions adopted prior to Constitution.: This paragraph cannot properly be construed to ‘‘freeze’’ decisions by the Court of Appeals and the Georgia Supreme Court decided prior to adoption of the Constitution. Wright v. Lester, 218 Ga. 31, 126 S.E.2d 419 (1962) (see Ga. Const. 1983, Art. XI, Sec. I, Para. III). Collateral attack on city charter
not allowed.: Where municipality’s charter application was sworn to and the charter issued under the authority of the Superior Court of DeKalb County on January 15, 1924, and, on its face, this court proceeding showed that North Atlanta was properly incorporated in accordance with the law authorizing its creation, any attempt to go behind this charter as to alleged discrepancies in dates and the failure to meet conditions precedent to the issuance of the charter could not be considered at this late date, and no collateral attack would be allowed. MacDonell v. Village of N. Atlanta, 216 Ga. 559, 118 S.E.2d 460 (1961). Cited in Macon Busses, Inc. v. Dashiell, 73 Ga. App. 108, 35 S.E.2d 666 (1945); Wright v. Lester, 105 Ga. App. 107, 123 S.E.2d 672 (1961); City of Chamblee v. Village of N. Atlanta, 217 Ga. 517, 123 S.E.2d 663 (1962).
ALR.: Law governing assignment of wages or salary, 1 ALR3d 927.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from 2ga-const-(v2)-2016-pdf.pdf, Volume V2, 2016 edition, pages 1468 to 1469; merge action: carried; file SHA-256 1b27199d8655.