Legal Opinion · Concurrence

North Georgia Finishing, Inc. v. Di-Chem, Inc.

Supreme Court of Georgia

Decided October 4, 1973No. 28217Published

1ConcurrenceGrice, Presiding Justice

I am in full accord with everything stated in the opinion except Division 1, as to making a constitutional attack.

While the law of the case has been established as to the sufficiency of the attacks made here by virtue of North Ga. Finishing v. Di-Chem, 230 Ga. 623 (198 SE2d 284), I desire to take this opportunity to express some views that I have on the subject.

Requirements for attacking the constitutionality of a statute have been in force for many years in this state. The following statement of them should suffice.

"In order to raise a question as to the constitutionality of a 'law’ . . . at…

2Cases cited13 opinions

  1. Harper v. DeFreitasCourt of Appeals of Georgia · 1968
  2. Bourn v. HerringSupreme Court of Georgia · 1969
  3. Stegall v. Southwest Ga. Housing AuthoritySupreme Court of Georgia · 1944
  4. Abel v. StateSupreme Court of Georgia · 1940
  5. Holmes v. StateSupreme Court of Georgia · 1968

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