Todd v. Morgan

*224On Motion for Rehearing.

In his motion for rehearing, the plaintiff in error contends that this court overlooked certain cases and failed to- apply the rule enunciated therein, to wit: “This court will never pass upon the constitutionality of an act of the General Assembly unless it clearly appears in the record that the point was directly and properly made in the court below and distinctly passed on by the trial judge”; that those cases are controlling as authority and require a different judgment from that rendered. We did not overlook those cases; nor are the judgments in those cases…