Widemon v. Burson

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…