Walker v. Hall

Grice, Justice.

This appeal is from the grant of summary judgment upon the ground that there was “no genuine issue of fact that the plaintiffs are not the children of the deceased in contemplation of” Code § 105-1302. The appellant contends that this court has jurisdiction because the constitutionality of that Code section is drawn into question, and also because the appeal involves the construction and interpretation of such Code section. However, no constitutional question was raised in the trial court in the pleadings or any other portion of the record. From what appears the contentions now…