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Widemon v. Burson

WIDEMON Et Al. v. BURSON Et Al.

Widemon v. Burson, 164 S.E.2d 128 (Ga. 1968)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
October 10, 1968
Docket
No. 24775
Judges
Nichols
Citations
164 S.E.2d 128224 Ga. 6651968 Ga. LEXIS 890
Cited by 7

Opinion — Nichols

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →
1970: 21972: 11973: 11974: 11979: 219702026peak 1970 · 2

Relies on it most ⓘ

  1. North Georgia Finishing, Inc. v. Di-Chem, Inc.201 S.E.2d 321 (Ga. 1973)
  2. Grantham v. State262 S.E.2d 777 (Ga. 1979)
  3. Turk v. State Highway Department174 S.E.2d 791 (Ga. 1970)
  4. Security Management Co. v. King208 S.E.2d 576 (Ga. Ct. App. 1974)
  5. Grantham v. State261 S.E.2d 445 (Ga. Ct. App. 1979)
  6. North Georgia Finishing, Inc. v. Di-Chem, Inc.194 S.E.2d 508 (Ga. Ct. App. 1972)

Most recent

  1. Grantham v. State262 S.E.2d 777 (Ga. 1979)
  2. Grantham v. State261 S.E.2d 445 (Ga. Ct. App. 1979)
  3. Security Management Co. v. King208 S.E.2d 576 (Ga. Ct. App. 1974)
  4. North Georgia Finishing, Inc. v. Di-Chem, Inc.201 S.E.2d 321 (Ga. 1973)
  5. North Georgia Finishing, Inc. v. Di-Chem, Inc.194 S.E.2d 508 (Ga. Ct. App. 1972)
  6. Cooper v. State177 S.E.2d 228 (Ga. 1970)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Morgan v. Todd, 106 S.E.2d 37 (Ga. 1958) 24
Underwood v. Atlanta & West Point R.R. Co., 122 S.E.2d 100 (Ga. 1961) 6

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