DeKalb County v. Grice

1. Where an act has been declared nnconstitntional by the Supreme Court, it is not, in subsequently arising litigation, necessary that the party who seeks to avoid the effect of the act upon the ground that it is unconstitutional raise the question respecting- the act’s unconstitutionality by specifically attacking the act upon the ground that it is unconstitutional. .The act will be treated by the courts as a nullity, and the case will be disposed of and decided as if the act had never been *888passed. Green v. Hutchinson, 128 Ga. 379 (57 S. E. 353); Zachry v. Mayor &c. of Harlem, 138 Ga. 195,…