Widemon v. Burson, 24775
| Decision Date | 10 October 1968 |
| Docket Number | No. 24775,24775 |
| Citation | 164 S.E.2d 128,224 Ga. 665 |
| Parties | James WIDEMON et al. v. R. H. BURSON et al. |
| Court | Georgia Supreme Court |
William L. Skinner, Atlanta, for appellants.
Arthur K. Bolton, Atty. Gen., Marion O. Gordon, Mathew Robins, Asst. Attys. Gen., Atlanta, for appellees.
Syllabus Opinion by the Court
The appeal in the present case is from a judgment denying the appellant a temporary injunction and declaratory relief in an alleged class action which was consolidated with an appeal arising under the Motor Vehicle Safety Responsibility Act. Each enumeration of error complains of the judgment denying the appellant's prayer for injunction because the trial court erred in failing to declare a section of the Annotated Code unconstitutional. Held:
Any ruling upon the constitutionality of a section of the Annotated Code, which has never been adopted by the General Assembly, an essential necessary for it to become law, would nowise affect the Act of the General Assembly from which the section of the Annotated Code was taken. See Morgan v. Todd, 214 Ga. 497, 106 S.E.2d 37; Underwood v. Atlanta & West Point Railroad Co., 217 Ga. 226, 122 S.E.2d 100. Accordingly, the judgment of the trial court denying the appellant the equitable relief prayed for was not error for any reason enumerated.
Judgment affirmed.
All the Justices concur.
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...than to the official Code of 1933. The Court of Appeals cited Cooper v. State, 226 Ga. 722, 177 S.E.2d 228 (1970); Widemon v. Burson, 224 Ga. 665, 164 S.E.2d 128 (1968) and Cox v. Burson, 226 Ga. 13(2), 172 S.E.2d 406 (1968). Years ago it was said: "Probably no phase of pleading in Georgia ......
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...quash and demurrer" is designated as "Georgia Code Annotated Section 26-2610" and "Code Annotated Section 26-2610." Widemon v. Burson, 224 Ga. 665, 164 S.E.2d 128 (1968); Cox v. Burson, 226 Ga. 13(2), 172 S.E.2d 406 (1970); Cooper v. State, 226 Ga. 722, 177 S.E.2d 228 3. Grantham's complain......
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