Hazlehurst v. Southern Fruit Distributors Inc.

1. It is a general rule that a constitutional question should he raised in a case at the earliest opportunity at which it can be appropriately raised, or it will be considered, as having been waived. 12 C. J. 785; 6 R. C. L. 95. See also in this connection Western & Atlantic Railroad v. Michael, 172 Ga. 561 (158 S. E. 426). Whatever exceptions, if any, there may be to this rule, it would seem that where a plaintiff’s right to recover is defeated by the application of the provisions of a statute, the plaintiff could very appropriately, and should, attack the constitutionality of the statute,…