Supreme Court of Georgia, 1968

Widemon v. Burson

Supreme Court of Georgia · Decided October 10, 1968 · Nichols

164 S.E.2d 128; 224 Ga. 665; 1968 Ga. LEXIS 890 (South Eastern Reporter, Second Series)

Cases that cite this one

7 later published cases cite this decision.

North Georgia Finishing, Inc. v. Di-Chem, Inc. (Ga. 1973)
North Georgia Finishing, Inc. v. Di-Chem, Inc. (Ga. Ct. App. 1972)
Grantham v. State (Ga. Ct. App. 1979)
Grantham v. State (Ga. 1979)
Security Management Co. v. King (Ga. Ct. App. 1974)
Turk v. State Highway Department (Ga. 1970)
Cooper v. State (Ga. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Nichols, Justice.

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 appellants’ 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 in no wise 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 SE2d 37); Underwood v. Atlanta & W. P. R. Co., 217 Ga. 226 (122 SE2d 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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