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224 Ga. 665

164 S.E.2d 128

Widemon v. Burson

Supreme Court of Georgia

Decided October 10, 1968

Supreme Court of Georgia · decided 1968-10-10

Relies on Morgan v. Todd · Underwood v. Atlanta & West Point Railroad Company

Good law ✅— No negative treatment on recordhow we know

Decided 1968-10-10

How this case has been cited

Cited by 11 later decisions — most recently December 2012

10 state decisions

90196819701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Nichols, Justice.

¶1 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:

¶2 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.

¶3 Judgment affirmed.

All the Justices concur.
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